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Full text of "Ontario regulations, 1990"

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LIBRARY USf ONLY 





Ontario 



REVISED REGULATIONS REGLEMENTS REFONDUS 
OF ONTARIO, 1990 DE L'ONTARIO DE 1990 



VOLUME 3 



PRINTED BY THE IMPRIMÉ PAR 

©QUEEN'S PRINTER FOR ONTARIO ©L'IMPRIMEUR DE LA REINE POUR L'ONTARIO 



TORONTO 
1992 



The Revised Regulations of Ontario, 1990 were Les Règlements refondus de l'Ontario de 1990 ont 

prepared by the Commissioners appointed under été préparés par les commissaires nommés en vertu 

the Regulations Revision Act, 1989. de la Loi de 1989 sur la refonte des règlements. 







USER'S GUIDE TO THE REVISED 
REGULATIONS OF ONTARIO, 1990 

Contents of the Revised Regulations of Ontario, 1990 

The Revised Regulations of Ontario, 1990 
contain the Regulations of Ontario filed 
before January 1, 1991, as arranged, consoli- 
dated and revised in accordance with the 
Regulations Revision Act, 1989. Regulations 
that are not of general application but that 
are still in force are listed in the Schedule 
contained in the final volume of these 
Revised Regulations. Obsolete regulations 
have been omitted from both the Revision 
and the Schedule. They have no further 
effect. 

Regulations which have been amended or remade 

Amendments made to the Regulations of 
Ontario on or after January 1, 1991, are not 
contained in the Revised Regulations of 
Ontario, 1990. Regulations which were in 
force on December 31, 1990 but which were 
revoked or remade between that date and 
September 1, 1991 are not contained in the 
Revised Regulations of Ontario, 1990. 
Amendments and remade regulations will be 
published as a supplementary revision in The 
Ontario Gazette. 

To determine if a regulation contained in the 
Revised Regulations of Ontario, 1990 has 
been amended, refer to the Table of Regula- 
tions published in the most recent annual 
statute volume and in The Ontario Gazette. 
The table lists all of the regulations con- 
tained in the Revised Regulations of 
Ontario, 1990, and all regulations filed on or 
after January 1, 1991, and shows whether or 
not a regulation has been amended, remade 
or revoked. 



To determine if a regulation has been 
amended, remade, or revoked since the pub- 
lication of the latest Table of Regulations, 
reference should be made to the weekly pub- 
lications of The Ontario Gazette. 



Arrangement of the Revised Regulations of Ontario, 
1990 

The Table of Regulations in each volume 
lists the statutes alphabetically in English and 
shows for each statute the regulations made 
under it. 



A reader who knows the English title of an 
Act may find the regulations made under 
that Act by consulting the Table of Regula- 
tions. A reader who knows the French lan- 
guage subject-matter of an Act under which 



GUIDE D'UTILISATION DES 

RÈGLEMENTS REFONDUS DE 

L'ONTARIO DE 1990 

Contenu des Règlements refondus de l'Ontario de 
1990 

Les Règlements refondus de l'Ontario de 
1990 rassemblent les règlements de l'Ontario 
déposés avant le 1" janvier 1991, tels qu'ils 
ont été arrangés, codifiés et refondus confor- 
mément à la Loi de 1989 sur la refonte des 
règlements. Les règlements qui ne sont pas 
de portée générale, mais qui demeurent en 
vigueur, sont énumérés dans l'annexe qui se 
trouve dans le dernier volume du présent 
recueil. Les règlements caducs ont été omis 
du recueil et de l'annexe; ils n'ont plus d'ef- 
fet juridique. 

Règlements modifiés ou pris de nouveau 

Les modifications apportées aux règlements 
de l'Ontario depuis le V janvier 1991 ne 
figurent pas dans les Règlements refondus de 
l'Ontario de 1990. Les règlements qui étaient 
en vigueur le 31 décembre 1990 mais qui ont 
été abrogés ou pris de nouveau entre cette 
date et le \" septembre 1991 ne figurent pas 
non plus dans le recueil. Les modifications et 
les règlements pris de nouveau seront publiés 
à part à titre de refonte supplémentaire dans 
la Gazette de l'Ontario. 

Pour déterminer si un règlement figurant 
dans les Règlements refondus de l'Ontario de 
1990 a été modifié, il suffit de se reporter à 
la Table des règlements contenue dans le 
plus récent volume annuel des lois ainsi que 
dans la Gazette de l'Ontario. Cette table énu- 
mère tous les règlements contenus dans les 
Règlements refondus de l'Ontario de 1990 
ainsi que tous les règlements déposés depuis 
le V janvier 1991; elle indique également si 
un règlement a été modifié, pris de nouveau 
ou abrogé. 

Pour déterminer si un règlement a été modi- 
fié, pris de nouveau ou abrogé depuis la 
publication de la plus récente Table des 
règlements, il faut se reporter aux publica- 
tions hebdomadaires dans la Gazette de 
l'Ontario. 

Agencement des Règlements refondus de l'Ontario de 
1990 

La Table of Regulations qui se trouve dans 
chaque volume énumère les Lois refondues 
de l'Ontario de 1990 par ordre alphabétique 
anglais et indique, à la suite de chaque loi, 
les règlements pris en application de celle-ci. 

L'usager qui connaît le titre anglais d'une loi 
peut trouver les règlements pris en applica- 
tion de celle-ci en consultant cette table. 
L'usager qui connaît le titre français d'une loi 
en application de laquelle un règlement peut 



m 



USER'S GUIDE 



a regulation may have been made may find 
the EngUsh title of the Act by consulting the 
Table alphabétique des matières in volume 9 
and then cross-referencing to the Table of 
Statutes of the Revised Statutes ottDntario, 
1990 which is also set out in volume 9. 



Title Changes 

The Revised Statutes of Ontario, 1990 
changed the titles of several statutes. These 
include the Agricultural Development Finance 
Act (now Province of Ontario Savings Office 
Act), the Apprenticeship and Tradesmen's 
Qualification Act (now Trades Qualification 
Act) and the Dog Licensing and Live Stock 
and Poultry Protection Act (now Livestock, 
Poultry and Honey Bee Protection Act). 

Minor changes have been made to the titles 
of other Acts. Regulations made under the 
former Act appear under the new title where 
the Commissioners are of the opinion the 
regulations still have effect. 

Rules of Civil Procedure 

The Rules of Civil Procedure made under 
the Courts of Justice Act are published in 
Volume 9. 

Volume 9 of the Revised Regulations of Ontario, 1990 

In addition to the Rules of Civil Procedure, 
Volume 9 of the Revised Regulations of 
Ontario, 1990 contains the following items 
that may be of interest: 

1. A copy of the report of the Regulation 
Revision Commissioners on the 
Revised Regulations of Ontario, 1990. 

2. The Regulations Revision Act, 1989, 
S.O. 1989, c. 82 under which the 
Revised Regulations of Ontario, 1990 
were prepared is included for purposes 
of convenient reference. > 



3. A Schedule to the Revised Regula- 
tions of Ontario, 1990, which shows 
those regulations which remain in 
force until revocation or expiry but 
which are not set forth in full because 
they are not of general application. 

4. A copy of the Table of Statutes from 
the Revised Statutes of Ontario, 1990 
and a copy of the Table alphabétique 
des matières. 

English and French Versions of Regulations 

Regulations that were made in English and 
French appear in bilingual form in the 
Revised Regulations of Ontario, 1990. Regu- 
lations which were made in English only and 



avoir été pris, peut trouver le titre anglais de 
la loi en consultant la Table alphabétique des 
matières qui se trouve dans le volume 9, puis 
en se reportant à la Table of Statutes conte- 
nue dans les Lois refondues de l'Ontario de 
1990 qui est également reproduite dans le 
volume 9. 

Changement de titres 

Les Lois refondues de l'Ontario de 1990 ont 
modifié le titre anglais de plusieurs lois; par 
exemple : la loi intitulée Agricultural Deve- 
lopment Finance Act (maintenant intitulée 
Province of Ontario Savings Office Act), 
Apprenticeship and Tradesmen's Qualification 
Act (maintenant Trades Qualification Act) et 
Dog Licensing and Live Stock and Poultry 
Protection Act (maintenant Livestock, Poul- 
try and Honey Bee Protection Act). 

Des modifications mineures ont aussi été 
apportées au titre d'autres lois. Les règle- 
ments pris en application des anciennes lois 
figurent sous le nouveau titre lorsque les 
commissaires sont d'avis que les règlements 
ont encore un effet juridique. 

Règles de procédure civile 

Les Règles de procédure civile prises en 
application de la Loi sur les tribunaux judi- 
ciaires sont publiées dans le volume 9. 

Le volume 9 des Règlements refondus de l'Ontario de 
1990 

Outre les Règles de procédure civile, le 
volume 9 des Règlements refondus de l'On- 
tario de 1990 présente certains documents 
d'intérêt connexe : 

1. Le rapport des commissaires chargés 
de préparer les Règlements refondus 
de l'Ontario de 1990. 

2. Le texte de la Loi de 1989 sur la 
refonte des règlements, L.O. 1989, 
chap. 82, en vertu de laquelle les 
Règlements refondus de l'Ontario de 
1990 ont été préparés, qui est repro- 
duit à titre indicatif. 

3. Une annexe aux Règlements refondus 
de l'Ontario de 1990 indiquant les 
règlements qui demeurent en vigueur 
jusqu'à leur abrogation ou leur expira- 
tion et qui ne sont pas reproduits en 
entier parce qu'ils ne sont pas de por- 
tée générale. 

4. Le texte de la Table of Statutes figu- 
rant dans les Lois refondues de l'Onta- 
rio de 1990 ainsi que le texte de la 
Table alphabétique des matières. 

Versions anglaise et française des règlements 

Les règlements qui ont été pris en français et 
en anglais paraissent sous forme bilingue 
dans les Règlements refondus de l'Ontario de 
1990. Les règlements qui n'ont été pris qu'en 



IV 



GUIDE D'UTILISATION 



for which there was no official French ver- 
sion on December 31, 1990, appear in 
English only. French versions of regulations 
are being prepared on a regular basis. To see 
if a French version has been made, the 
reader should follow the procedures 
described above under the heading "Regula- 
tions which have been amended or remade". 

Citation of Regulations 

A regulation in the Revised Regulations of 
Ontario, 1990, may be cited as "Revised 
Regulations of Ontario, 1990, Regulation 
(number)" , as "Règlements refondus de 
l'Ontario de 1990, Règlement (number)", as 
"R.R.O. 1990, Reg. (number)" or as 
"R.R.O. 1990, Règl. (number)". 

Organization of a Regulation 

Every regulation is composed of numbered 
sections, cited as section 1, 2, 3, etc. Many 
sections are further divided into two or more 
subsections, cited as subsection (1), (2), (3), 
etc. Some sections and subsections also con- 
tain clauses (cited as clause (a), (b), (c), 
etc.), subclauses (cited as subclause (i), (ii), 
(iii), etc.), paragraphs (cited as paragraph 1, 
2, 3, etc.) and subparagraphs (cited as sub- 
paragraph i, ii, iii, etc.). Further levels of 
division are possible, although they are rare. 



Some regulations are divided into numbered 
Parts, cited as Part I, II, III, etc. 



Some regulations contain a definition section 
that lists, in alphabetical order, definitions of 
terms used in the regulation. The definition 
section is usually at the beginning of the reg- 
ulation, although definitions sometimes 
appear elsewhere. In a regulation that is 
divided into Parts, the first section of a Part 
often contains definitions of terms used in 
that Part. 



Forms and Schedules to regulations usually 
appear at the end unless they are quite short. 



Some regulations may contain a Table of 
Contents at the beginning of the regulation 
and in addition may have an index to Forms 
or Schedules if there are a large number of 
these items. 

Headings 

Headings in the body of a regulation do not 
form part of the regulation and should not be 
relied on as a means of interpreting the regu- 



anglais et pour lesquels il n'existait aucune 
version française officielle le 31 décembre 
1990, ne paraissent qu'en anglais. Une ver- 
sion française des règlements est en voie de 
préparation. Pour déterminer si une version 
française a été prise, l'usager peut se repor- 
ter à la marche à suivre décrite ci-dessus sous 
la rubrique «Règlements modifiés ou pris de 
nouveau». 

Citation des règlements 

La citation d'un règlement des Règlements 
refondus de l'Ontario de 1990 peut se faire 
selon l'une des formules suivantes : 
«Règlements refondus de l'Ontario de 1990, 
Règlement (numéro)», «Revised Regulations 
of Ontario, 1990, Regulation (numéro)», 
«R.R.O. 1990, Règl. (numéro)», «R.R.O. 
1990, Reg. (numéro)». 

Division d'un règlement 

Chaque règlement se compose d'articles 
numérotés que l'on cite ainsi : article 1, 2, 3, 
etc. Ces articles se divisent souvent en para- 
graphes cités ainsi : paragraphe (1), (2), (3), 
etc. Certains articles et certains paragraphes 
contiennent également des alinéas (cités 
ainsi : alinéa a), b), c), etc.), des sous-alinéas 
(cités ainsi : sous-alinéa (i), (ii), (iii), etc.), 
des dispositions (citées ainsi : disposition 1 , 
2, 3, etc.) et des sous-dispositions (citées 
ainsi : sous-disposition i, ii, iii, etc.). Des 
divisions plus poussées sont rares dans les 
textes législatifs. 

Certains règlements sont également divisés 
en parties numérotées, citées ainsi : partie I, 
II, III, etc. 

Certains règlements comportent une disposi- 
tion qui énonce, par ordre alphabétique, la 
définition de certains termes utilisés dans les 
textes. Cette disposition se présente habituel- 
lement sous la forme d'un article placé au 
début du règlement, bien que certaines défi- 
nitions puissent être placées ailleurs dans le 
texte. Dans un règlement qui est divisé en 
parties, le premier article d'une partie con- 
tient souvent la définition de termes utilisés 
dans celle-ci. 

Les formules et les annexes qui font partie 
d'un règlement se trouvent généralement à la 
fin de celui-ci, à moins qu'elles ne soient très 
courtes. 

Un sommaire figure parfois au début du 
règlement, ainsi qu'un index des formules ou 
des annexes s'il y en a un grand nombre. 



Intertitres 

Les intertitres d'un règlement ne font pas 
partie de celui-ci et ne doivent pas servir à 
l'interpréter. Ils ne servent qu'à faciliter l'uti- 
lisation du texte. 



USER'S GUIDE 



lation. They are included only for conve- 
nience of reference. 

Historical references 

Every section of every regulation in the 
Revised Regulations of Ontario, 1990, con- 
tains information to assist in tracing the his- 
tory of the section. This historical informa- 
tion appears in the form of a citation, found 
at the end of every section and at the end of 
some subsections. A citation indicates the 
origin of the provisions between that citation 
and the previous citation. 

For example, the historical reference 
"R.R.O. 1980, Reg. 1, s. 1" appears at the 
end of section 1 of Regulation 1, General, 
made under the Abandoned Orchards Act. 
This means that the provision has been car- 
ried forward without amendment from sec- 
tion 1 of Regulation 1 of the Revised Regula- 
tions of Ontario, 1980. 

The historical reference "R.R.O. 1980, Reg. 
1, s. 2, Sched. 1" appears at the end of sec- 
tion 2 of Regulation 1. This means that sec- 
tion 1 and Schedule 1 of Regulation 1 of the 
Revised Regulations of Ontario, 1980 have 
been combined. 

The historical reference "O. Reg. 172/90, s. 
1(1); O. Reg. 294/90, s. 1" appears at the 
end of subsection 1(1) of Regulation 5, Fees 
and Expenses — Justices of the Peace, made 
under the Administration of Justice Act. This 
means that subsection 1(1) of Regulation 5 as 
it was made by subsection 1(1) of Ontario 
Regulation 172/90 appears as it was amended 
by subsection 1(1) of Ontario Regulation 
294/90. 



Some historical references contain the word 
"revised". This means that the language of 
the former provision was significantly 
changed by the Commissioners who prepared 
the Revised Regulations of Ontario, 1990. 

The historical references do not form part of 
the regulation and are included only for con- 
venience of reference. 

Interpretation Act 

Readers of the Revised Regulations of 
Ontario, 1990, should be aware of the 
Interpretation Act, R.S.O. 1990, c. I.ll. The 
Act contains a number of provisions that 
apply to the interpretation of regulations. 
For example, the Act contains definitions 
that apply to particular words and phrases 
used in all regulations, unless the context 
otherwise requires. It also contains provisions 
that may apply when a regulation is revoked 
and replaced by another regulation. 



Notes historiques 

Les articles de chaque règlement des Règle- 
ments refondus de l'Ontario de 1990 contien- 
nent des renseignements qui permettent d'en 
retracer l'historique. Ces renseignements se 
trouvent, sous forme de citation, à la fin de 
chaque article et à la fin de certains paragra- 
phes. La note historique indique l'origine des 
dispositions placées entre elle et la note pré- 
cédente. 

Par exemple, la note historique «R.R.O. 
1980, Reg. 1, s. 1» paraît à la fin de l'article 
1 du Règlement 1, «General», pris en appli- 
cation de la Loi sur les vergers abandonnés. 
Ceci signifie que cette disposition a été tirée 
sans modification de l'article 1 du Règlement 
1 des Règlements refondus de l'Ontario de 
1980. 

La note historique «R.R.O. 1980, Reg. 1, 
s. 2, Sched. 1» paraît à la fin de l'article 2 du 
Règlement 1. Ceci signifie que l'article 1 et 
l'annexe 1 du Règlement 1 des Règlements 
refondus de l'Ontario de 1980 ont été combi- 
nés. 

La note historique «Régi, de l'Ont. 172/90, 
par. 1 (1); Règl. de l'Ont. 294/90, art. 1» 
paraît à la fin du paragraphe 1 (1) du Règle- 
ment 5, «Fees and Expenses — Justices of 
the Peace», pris en application de la Loi sur 
l'administration de la justice. Ceci signifie que 
le paragraphe 1 (1) du Règlement 5 tel qu'il 
a été pris par le paragraphe 1 (1) du Règle- 
ment de l'Ontario 172/90 paraît tel qu'il a été 
modifié par le paragraphe 1 (1) du Règle- 
ment de l'Ontario 294/90. 

Certaines notes historiques comportent le 
mot «révisé». Ceci signifie que la formulation 
de l'ancienne disposition a été remaniée sen- 
siblement par les commissaires qui ont pré- 
paré les Règlements refondus de l'Ontario de 
1990. 

Les notes historiques ne font pas partie du 
texte des règlements et ne sont incluses que 
pour faciliter la consultation de ceux-ci. 

Loi d'interprétation 

Les usagers des Règlements refondus de 
l'Ontario de 1990 sont priés de tenir compte 
de la Loi d'interprétation, L.R.O. 1990, 
chap. LU. Cette loi contient certaines dispo- 
sitions qui s'appliquent à l'interprétation des 
règlements. Elle comporte, par exemple, des 
définitions qui s'appliquent aux termes et 
expressions utilisés dans tous les règlements, 
sauf lorsque le contexte exige un sens diffé- 
rent. Elle contient également des dispositions 
qui peuvent s'appliquer lorsqu'un règlement 
est abrogé et remplacé par un autre. 



VI 



GUIDE D'UTILISATION 



Other Laws 

Readers are reminded that, in addition to 
Ontario regulations, particular legal issues 
may be affected by other kinds of laws, 
including the Constitution of Canada, stat- 
utes of the Parliament of Canada and the 
Legislature of Ontario, municipal by-laws 
and the common law. 

Ministerial Responsibility for Regulations 

Regulations are laws of Ontario. A validly 
made regulation has as much force in law as 
a statute. Regulations are all made under 
statutes that authorize their making. With 
the exception of a few statutes that are 
administered directly by the Legislative 
Assembly, every Act of the Legislature is 
administered through a ministry of the 
Ontario Government. The Ministry of Gov- 
ernment Services publishes a brochure detail- 
ing which statutes are administered by each 
ministry. The brochure is entitled "Ministe- 
rial Responsibility for Acts". 

Publications Ontario 

Copies of the Revised Regulations of 
Ontario, 1990, individual regulations and 
other Government of Ontario publications 
may be obtained from Publications Ontario. 
Personal shopping is available at 880 Bay 
Street, Toronto. Customers may write to 
Publications Ontario, 5th Floor, 880 Bay 
Street, Toronto M7A 1N8. Orders may be 
placed by telephone at (416) 326-5300 or, 
toll-free in Ontario, 1-800-668-9938. Tele- 
phone Service for the hearing impaired is 
available at (416) 325-3408 or, toll-free in 
Ontario, 1-800-268-7095. Mastercard and 
Visa are accepted. Cheques and money 
orders should be made payable to the Trea- 
surer of Ontario. Prepayment is required. 



Autres lois 

Certaines questions d'ordre juridique peu- 
vent nécessiter, outre la consultation des 
Règlements de l'Ontario, celle d'autres tex- 
tes, y compris la Constitution du Canada, les 
lois du Parlement du Canada et de la Législa- 
ture de l'Ontario, les règlements municipaux, 
ainsi que le recours à la common law. 

Responsabilité ministérielle pour les règlements 

Les règlements sont des textes législatifs de 
l'Ontario. Un règlement valide a tout autant 
d'effet juridique qu'un texte de loi. Les 
règlements sont tous pris en application 
d'une loi qui autorise leur prise. À l'excep- 
tion de quelques lois dont l'application relève 
directement de l'Assemblée législative, l'ap- 
plication des lois de la Législature se fait par 
l'entremise d'un ministère du gouvernement 
de l'Ontario. Le ministère des Services gou- 
vernementaux publie une brochure intitulée 
«La responsabilité ministérielle pour les 
lois», qui fournit tous les renseignements uti- 
les à cet égard. 

Publications Ontario 

On peut se procurer des exemplaires des 
Règlements refondus de l'Ontario de 1990, 
de règlements particuliers ainsi que d'autres 
publications du gouvernement de l'Ontario à 
Publications Ontario, 880, rue Bay, Toronto. 
On peut également écrire à Publications 
Ontario, 880, rue Bay, 5" étage, Toronto 
(Ontario) M7A 1N8. Pour les commandes 
téléphoniques, composer le (416) 326-5300 
ou, sans frais en Ontario, le 1-800-668-9938. 
Les malentendants peuvent composer le 
(416) 325-3408 ou, sans frais en Ontario, le 
1-800-268-7095. Les cartes de crédit Master- 
card et Visa sont acceptées. Faire le chèque 
ou le mandat à l'ordre du trésorier de l'Onta- 
rio. Le paiement est exigé d'avance. 



vil 



TABLE OF REGULATIONS 

REVISED REGULATIONS OF ONTARIO, 1990 

The listings in this Table are, with few exceptions, 
in English only. As of the date of the revision (De- 
cember 31, 1990), very few regulations had an offi- 
cial French version. The French and English titles 
are shown for those regulations adopted in both 
languages. 

VOLUME 1 Reg. 

Abandoned Orchards Act 

General 1 

Administration of Justice Act 

Court Reporters and Court Monitors 2 

Pee Payable to Small Claims Court Referees 3 

Fees and Expenses — 

Jurors and Crown Witnesses 4 

Justices of the Peace 5 

Sheriff's Officers, Process Servers, Escorts 

and Municipal Police Forces 6 

Fees — 

Construction Liens 7 

Repair and Storage Liens Act 8 

Unified Family Court 9 

Investigation Fee — Official Guardian 10 

Kilometre Allowances 11 

Ontario Court (General Division) — Fees 12 

Sheriffs— Fees 13 

Small Claims Court — Fees and Allowances 14 

Aggregate Resources Act 

General 15 

Agricultural and Horticultural Organizations Act 

General 16 

Names 17 

Agricultural Tile Drainage Installation Act 
General 18 

Ambulance Act 

General 19 

Amusement Devices Act 
General 20 

Anatomy Act 

General 21 

Animals For Research Act 

General 22 

Pounds 23 

Research Facilities and Supply Facilities 24 

Transportation 25 

Apprenticeship and Tradesmen's Qualification Act 

— See Trades Qualification Act 

Arbitrations Act 

Fees Chargeable by Arbitrators 26 

Architects Act 

General 27 

Artificial Insemination of Livestock Act 

General 28 

Assessment Act 

Application for Direction of School Support 29 

Assessment Areas and Regions 30 



TABLE DES RÈGLEMENTS 

RÈGLEMENTS REFONDUS DE L'ONTARIO DE 1990 

Les entrées de la présente Table sont, à peu d'ex- 
ceptions près, en anglais seulement. En effet, seuls 
quelques règlements avaient, le 31 décembre 1990, 
une version française officielle. Les règlements pris 
sous forme bilingue sont indiqués sous leurs titres 
français et anglais. 

Reg. 

Assessment Notices 31 

Assessment Notices of Supplementary or Omitted 

Assessment 32 

Equalization of Assessments (Various Municipalities) 

Under Subsection 63 (3) of the Act 33 

Interior Information Questionnaire 34 

Pipe Line Rates 35 

Pipe Line Rates 36 

Pipe Line Rates 37 

Pipe Line Rates 38 

Pipe Line Rates 39 

Pipe Line Rates in Muskoka and Parry Sound 40 

Pipe Line Rates in Part of the District of Algoma and 
Part of The Regional Municipality of 

Ottawa-Carleton 41 

Pipe Line Rates in Parts of the Counties of Hastings 
and Simcoe and Parts of the United Counties of 
Prescott and Russell and Stormont, Dundas and 

Glengarry 42 

Pipe Line Rates in Parts of the Counties of 

Peterborough, Simcoe and Victoria and in Parts of 

the Districts of Sudbury and Algoma 43 

Pipe Line Rates in the County of Huron and Parts of 
the Counties of Haliburton, Hastings, Peterborough, 
Simcoe and Victoria and Part of the District of 

Timiskaming 44 

Pipe Line Rates in The Regional Municipality of 

Sudbury 45 

Pipe Line Rates Under Subsection 25 (16) of the Act 46 

Pipe Line Rates Under Subsection 25 (17) of the Act 47 

Property Income Questionnaire 48 

Revision and Certification of Assessment 
Commissioner's List 49 

Assessment Review Board Act 

Procedure 50 

Athletics Control Act 

Amount of Tax 51 

General 52 

Bailiffs Act 

General 53 

Beef Cattle Marketing Act 

Licence Fees 54 

Weighing of Carcasses 55 

Weighing of Live Cattle 56 

Bees Act 
General 57 

Blind Persons' Rights Act 

Guide Dogs 58 

Boilers and Pressure Vessels Act 

General 59 

Boundaries Act 
General 60 



IX 



TABLE OF REGULATIONS 



Reg. 

Building Code Act 
General 61 

Business Corporations Act 

General 62 

Cemeteries Act 

Closings 63 

General 64 

Trust Funds 65 

Centennial Centre of Science and Technology Act 

Fees 66 

Certification of Titles Act 

General 67 

Change of Name Act 

Loi sur le changement de nom 

General 68 

Dispositions générales 68 

Charitable Institutions Act 

General 69 

Child and Family Services Act 

General 70 

Register 71 

Children's Law Reform Act 

Forms 72 

Chiropody Act 

General 73 

Collection Agencies Act 

General 74 

Commercial Concentration Tax Act 

General 75 

Commissioners for Taking Affidavits Act 

Fees 76 

Commodity Boards and Marketing Agencies Act 

Levies — 

Cream 77 

Milk 78 

Levies or Charges — 

Chicken 79 

Chicken (Over Quota) 80 

Cream 81 

Eggs 82 

Eggs (Over Quota) 83 

Fowl 84 

Hatching Eggs 85 

Hatching Eggs and Chicks (Over Quota) 86 

Milk 87 

Tobacco 88 

Turkeys 89 

Commodity Futures Act 

General 90 

Community Psychiatric Hospitals Act 

General 91 

Grants 92 

Community Recreation Centres Act 

General 93 

Compulsory Automobile Insurance Act 

Certificate of Insurance 94 

Exemptions 95 



Reg. 
Condominium Act 

General 96 

Surveys and The Description 97 

Conservation Authorities Act 

Conservation Areas — 

Ausable-Bayfield 98 

Cataraqui Region 99 

Catfish Creek 100 

Central Lake Ontario 101 

Credit Valley 102 

Crowe Valley 103 

Essex Region 104 

Ganaraska Region 105 

Grand River 106 

Grey Sauble 107 

Helton Region 108 

Hamilton Region 109 

Kawartha Region 110 

Kettle Creek Ill 

Lake Simcoe Region 112 

Lakehead Region 113 

Long Point Region 114 

Lower Thames Valley 115 

Lower Trent Region 116 

Maitland Valley 117 

Mattagami Region 118 

Metropolitan Toronto and Region 119 

Mississippi Valley 120 

Moira River 121 

Napanee Region 122 

Niagara Peninsula 123 

Nickel District 124 

North Bay-Mattawa 125 

VOLUME 2 

Conservation Authorities Act (Continued) 

Conservation Areas — (Continued) 

North Grey Region 126 

Nottawasaga Valley 127 

Otonabee Region 128 

Prince Edward Region 129 

Rideau Valley 130 

St. Clair Region 131 

Sauble Valley 132 

Saugeen Valley 133 

Sault Ste. Marie Region 134 

South Nation River 135 

Upper Thames River 136 

Fill- 
Grand Valley 137 

Moira River 138 

Spencer Creek 139 

Fill and Alteration to Waterways — 

Raisin Region 140 

Sault Ste. Marie Region Conservation 
Authority 141 

Fill, Construction and Alteration to Waterways — 

Ausable-Bayfield 142 

Cataraqui Region 143 

Catfish Creek 144 

Central Lake Ontario 145 

Credit Valley 146 

Essex Region 147 

Ganaraska Region Conservation Authority 148 

Grand River 149 

Halton Region Conservation Authority 150 

Hamilton Region 151 

Kettle Creek 152 

Lake Simcoe Region 153 

Long Point Region Conservation Authority 154 

Lower Thames Valley 155 



TABLE DES REGLEMENTS 



Reg. 

Lower Trent Region 156 

Mattagami Region 157 

IVIetropolitan Toronto and Region 158 

{Mississippi Valley (The) 159 

Napanee Region Conservation Authority 160 

Nickel District 161 

North Bay-Mattawa Conservation Authority 162 

North Grey 163 

Nottawasaga Valley 164 

Otonabee Region 165 

Rideau Valley 166 

St. Clair Region 167 

Sauble Valley 168 

Saugeen Valley 169 

Upper Thames River 170 

Consolidated Hearings Act 

Aggregate Resources Act 171 

Conservation Authorities Act 172 

Hearings 173 

Lakes and Rivers Improvement Act 174 

Construction Lien Act 

General 175 

Consumer Protection Act 

General 176 

Consumer Reporting Act 

General 177 

Co-operative Corporations Act 

General 178 

Co-operative Loans Act 

General 179 

Coroners Act 

General 180 

Corporations Act 

General 181 

Corporations Information Act 

General 182 

Corporations Tax Act 

General 183 

Costs of Distress Act 

Costs 184 

Courts of Justice Act 

Loi sur les tribunaux judiciaires 

Bilingual Proceedings 185 

Designation of Regions 186 

District of Algoma Civil Case Management Rules 187 

Règles de gestion des causes civiles du district 

d'Algoma 187 

Duties of Clerks and Bailiffs of the Small Claims Court . 188 

Essex Civil Case Management Rules 189 

Règles de gestion des causes civiles d'Essex 189 

Money Paid Into Court 190 

Number of Judges 191 

Part-Time Provincial Judges Authorized to Practise 

Law 192 

Provincial Judges Benefits 193 

Rules of Civil Procedure (See Volume 9) 194 

Règles de procédure civile (Voir Volumes) 194 

Rules of the Court of Appeal in Appeals Under the 

Provincial Offences Act 195 

Rules of the Ontario Court (General Division) and the 

Ontario Court (Provincial Division) in Appeals Under 

Section 116 of the Provincial Offences Act 196 



Reg. 
Rules of the Ontario Court (General Division) in Estate 

Proceedings 197 

Rules of the Ontario Court (Provincial Division) in 

Appeals Under Section 135 of the Provincial 

Offences Act 198 

Rules of the Ontario Court (Provincial Division) in 

Family Law Proceedings 199 

Rules of the Ontario Court (Provincial Division) in 

Provincial Offences Proceedings 200 

Rules of the Small Claims Court 201 

Rules of the Unified Family Court 202 

Salaries and Benefits of Masters 203 

Salaries and Benefits of Provincial Judges 204 

Small Claims Court Jurisdiction 205 

Territorial Divisions for the Small Claims Court 206 



VOLUME 3 

Credit Unions and Caisses Populaires Act 

Loi sur les caisses populaires et les credit unions 

Annual Premium 207 

Credit Union Leagues 208 

Fédérations de caisses 208 

Designations Under Section 85 of the Act 209 

General 210 

Dispositions générales 210 

Matching Assets 211 

Éléments d'actif correspondants 211 

Membership in Credit Union Leagues 212 

Adhésion aux fédérations de caisses 212 

Membership in Credit Unions 213 

Adhésion aux caisses 213 

Stabilization Funds 214 

Crop Insurance Act (Ontario) 

Arbitration Proceedings 215 

Crop Insurance Plan — 

Apples 216 

Asparagus 217 

Black Tobacco 218 

Burley Tobacco 219 

Carrots 220 

Coloured Beans 221 

Corn 222 

Cucumbers 223 

Flue-Cured Tobacco 224 

Forage Seeding Establishment 225 

Grapes 226 

Green and Wax Beans 227 

Greenhouse Vegetables 228 

Hay and Pasture 229 

Honey 230 

Lima Beans 231 

Oil Seed 232 

Onions 233 

Peaches 234 

Peanuts 235 

Pears 236 

Peas 237 

Peppers 238 

Plums 239 

Popping Corn 240 

Potatoes 241 

Pumpkins and Squash 242 

Red Beets 243 

Red Spring Wheat 244 

Rutabagas 245 

Seed Corn 246 

Sour Cherries 247 

Specialty Crops 248 

Spring Grain 249 

Sunflowers 250 

Sweet Cherries 251 



XI 



TABLE OF REGULATIONS 



Reg. 

Sweet Corn 252 

Tomatoes 253 

White Beans 254 

Winter Wheat 255 

Crop Insurance Plans — General 256 

Designation of Insurable Crops 257 

Crown Employees Collective Bargaining Act 

General 258 

Rules of Procedure 259 

Crown Timber Act 

General 260 

Dangerous Goods Transportation Act 

General 261 

Day Nurseries Act 

General 262 

Dead Animal Disposal Act 

General 263 

Dental Technicians Act 

General 264 

Denture Therapists Act 

General 265 

Deposits Regulation Act 
General 266 

Development Charges Act 

Development Charges 267 

Education Development Charges 268 

Development Corporations Act 

Innovation Ontario Corporation 269 

Ontario Film Development Corporation (The) 270 

Ontario International Corporation 271 

Developmental Services Act 

General 272 

District Welfare Administration Boards Act 

Application for Grant Under Section 10 of the Act 273 

Drainage Act 

Forms 274 

Rules of Practice and Procedure to be Followed in All 
Proceedings Before the Referee 275 

Drugless Practitioners Act 

Chiropractors 276 

Classifications 277 

General 278 

Masseurs 279 

Osteopaths 280 

Physiotherapists 281 

Edible Oil Products Act 

General 282 

Education Act 

Calculation of Amount of Reserve or Reduction in 

Requirement Resulting from Strike or Lock-out 283 

Conditions for Extended Funding 284 

Continuing Education 285 

County Combined Separate School Zones 286 

Designation of School Divisions 287 

Designation of Support Staff 288 

Designation of Teachers 289 

District Combined Separate School Zones 290 

District School Areas 291 



Reg. 

Fees for Ministry Courses 292 

Fees For Transcripts and Statements of Standing and 

for Duplicates of Diplomas, Certificates and Letters 

of Standing 293 

James Bay Lowlands Secondary School Board 294 

Northern District School Area Board 295 

Ontario Schools for the Blind and the Deaf 296 

Ontario Teacher's Qualifications 297 

Operation of Schools — General 298 

Payment of Legislative Grants 299 

Practice and Procedure — Boards of Reference 300 

Pupil Records 301 

Purchase of Milk 302 

Regional Tribunals 303 

School Year and School Holidays 304 

Special Education Identification Placement and Review 

Committees and Appeals 305 

Special Education Programs and Services 306 

Special Grant 307 

Supervised Alternative Learning for Excused Pupils 308 

Supervisory Officers 309 

Teachers' Contracts 310 

Territory Without Municipal Organization Attached to a 

District Municipality 311 

Training Assistance 312 

Trustee Distribution 313 

Elderly Persons Centres Act 

General 314 

Election Act 

Fees and Expenses 315 

Elevating Devices Act 

General 316 

Employee Share Ownership Plan Act 

Forms 317 

General 318 

Employer Health Tax Act 

General 319 

Employment Agencies Act 

General 320 

Employment Standards Act 

Benefit Plans 321 

Domestics, Nannies and Sitters 322 

Forms 323 

Fruit, Vegetable and Tobacco Harvesters 324 

General 325 

Residential Care Workers 326 

Termination of Employment 327 

Endangered Species Act 

Endangered Species 328 

Energy Act 

Fuel Oil Code 329 

Gas Pipeline Systems 330 

Gas Utilization Code 331 

Oil Pipeline Systems 332 

Propane Storage, Handling and Utilization Code 333 

Environmental Assessment Act 

General 334 

Rules of Practice — Environmental Assessment Board .... 335 

Environmental Protection Act 

Air Contaminants From Ferrous Foundries 336 

Ambient Air Quality Criteria 337 

Boilers 338 

Classes of Contaminants — Exemptions 339 



XII 



TABLE DES REGLEMENTS 



Reg. 

Containers 340 

Deep Well Disposal 341 

Designation of Waste 342 

Discharge of Sewage From Pleasure Boats 343 

Disposable Containers for Milk 344 

Disposable Paper Containers for Milk 345 

General — Air Pollution 346 

General — Waste Management 347 

Hauled Liquid Industrial Waste Disposal Sites 348 

Hot Mix Asphalt Facilities 349 

Lambton Industry Meteorological Alert 350 

Marinas 351 

Mobile PCS Destruction Facilities 352 

Motor Vehicles 353 

Municipal Sewage and Water and Roads Class 

Environmental Assessment Project 354 

Ontario Hydro 355 

Ozone Depleting Substances — General 356 

Refillable Containers for Carbonated Soft Drink 357 

Sewage Systems 358 

Sewage Systems — Exemptions 359 

Spills 360 

Sulphur Content of Fuels 361 

Waste Management — PCB's 362 

Expropriations Act 

Forms 363 

Rules to be Applied for the Purposes of Subsection 
32 (1) of the Act 364 

Extra-Provincial Corporations Act 

General 365 

Family Benefits Act 

General 366 

Family Law Act 

Loi sur te droit de la famille 

Designation of Matrimonial Home — Forms 367 

Election of Surviving Spouse 368 

Choix du conjoint survivant 368 

Farm Implements Act 

General 369 

Farm Income Stabilization Act 

Fresh Market Potato Stabilization, 1989-1992— Plan 370 

Grain Stabilization, 1988-1990— Plan 371 

Farm Products Containers Act 

Containers— Fruit and Vegetables 372 

Farm Products Grades and Sales Act 

Burley Tobacco 373 

Flue-Cured Tobacco 374 

Fruit — Controlled-Atmosphere Storage 375 

Grades — 

Beef Carcasses 376 

Christmas Trees 377 

Fruit and Vegetables 378 

Hog Carcasses 379 

Lamb and Mutton Carcasses 380 

Poultry 381 

Veal Carcasses 382 

Grain 383 

Honey 384 

Licences 385 

Maple Products 386 

VOLUME 4 

Farm Products Marketing Act 

Apples — 

Marketing 387 



Reg. 
Plan 388 

Arbitration of Disputes 389 

Asparagus — 

Marketing 390 

Plan 391 

Beans — 

Marketing 392 

Plan 393 

Berries for Processing — 

Marketing 394 

Plan 395 

Broiler Hatching Eggs and Chicks — 

Marketing 396 

Plan 397 

Burley Tobacco — 

Marketing 398 

Plan 399 

By-Laws for Local Boards 400 

Chicken — Extension of Powers of the Canadian 

Chicken Marketing Agency 401 

Chickens — 

Marketing 402 

Plan 403 

Designation — 

Ontario Canola Growers' Association 404 

Ontario Coloured Bean Growers' Association 405 

Eggs- 
Extension of Powers of the Canadian Egg 

Marketing Agency 406 

Marketing 407 

Marketing Limitations 408 

Plan 409 

Fresh Grapes — 

Marketing 410 

Plan 411 

Fresh Potatoes — 

Marketing 412 

Plan 413 

Grapes for Processing — 

Marketing 414 

Plan 415 

Greenhouse Vegetables — 

Appointment of Trustee 416 

Marketing 417 

Plan 418 

Hogs — 

Marketing 419 

Plan 420 

Local Boards 421 

Potatoes — 

Marketing 422 

Plan 423 

Processing Tomato Seedling Plants — 

Marketing „ 424 

Plan 425 

Rutabagas — Marketing 426 

Seed-Corn — 

Marketing 427 

Plan 428 

Sheep — 

Marketing 429 

Plan 430 

Soybeans — 

Marketing 431 

Plan 432 

Tender Fruit — 

Marketing 433 

Plan 434 

Tobacco — 

Marketing 435 

Plan 436 

Turkeys — 

Marketing 437 

Marketing Limitations 438 



XIII 



TABLE OF REGULATIONS 



Reg. 

Plan 439 

Vegetables for Processing — 

Marketing 440 

Plan 441 

Wheat- 
Marketing 442 

Plan 443 

Farm Products Payments Act 

Fund for Egg Producers 444 

Fund for Livestock Producers 445 

Fund for Milk and Cream Producers 446 

Fund for Producers of Canola 447 

Fund for Producers of Grain Corn 448 

Fund for Producers of Potatoes for Processing 449 

Fund for Producers of Soybeans 450 

Fund for Producers of Vegetables for Processing 451 

Fire Departments Act 

Filing in Ontario Court (General Division) of Decision 

of Arbitrator or Arbitration Board 452 

Standards for Pumpers 453 

Fire Marshals Act 

Fire Code 454 

General 455 

Fish Inspection Act 

Quality Control 456 

Forest Fires Prevention Act 

Fire Regions 457 

Forestry Act 

Nurseries 458 

Freedom of Information and Protection of Privacy Act 
Loi sur l'accès à l'information et la protection de la vie 
privée 

Disposai of Personal Information 459 

General 460 

Dispositions générales 460 

French Language Services Act 
Loi sur les services en français 

Exemptions 461 

Exemptions 461 

General 462 

Dispositions générales 462 

Freshwater Fish Marketing Act (Ontario) 

General 463 

Fuel Tax Act 

General 464 

Miscellaneous 465 

Refunds 466 

Funeral Directors and Establishments Act 

Board — Composition and Remuneration 467 

Compensation Fund 468 

Equipment and Premises 469 

Licensing and Business Practices 470 

Fur Farms Act 

General 471 

Game and Fish Act 

Amphibians 472 

Animals Declared to be Fur-Bearing Animals 473 

Aylmer Hunting Area 474 

Aylmer Lagoon Hunting Area 475 

Bag Limit for Black Bear 476 

Beaver Meadow Hunting Area 477 



Reg. 

Black Bear Management Areas 478 

Bows and Arrows 479 

Bullfrogs 480 

Calton Swamp Hunting Area 481 

Camden Lake Hunting Area 482 

Copeland forest Hunting Area 483 

Crown Game Preserves 484 

Discharge of Firearms From or Across Highways and 

Roads 485 

Discharge of Firearms on Sunday 486 

Fingal Hunting Area 487 

Firearms — Aulneau Peninsula 488 

Fishing Huts 489 

Fishing Licences 490 

Fur Harvest, Fur Management and Conservation 

Course 491 

Furs 492 

Game Bird Hunting Preserves 493 

Game Birds — Captivity, Propagation or Sale 494 

Guides 495 

Hullett Hunting Area 496 

Hunter Safety Training Course 497 

Hunting in Lake Superior Provincial Park 498 

Hunting in Long Point National Wildlife Area 499 

Hunting Licences 500 

Hunting on Crown Lands in the Geographic 

Townships of Bruton and Clyde 501 

Hunting on Designated Crown Land and in Provincial 

Parks 502 

Lake St. Lawrence Hunting Area 503 

Licence to Chase Raccoon at Night and Fox, Coyote or 

Wolf During the Day 504 

Licence to Possess Nets 505 

Luther Marsh Hunting Area 506 

Nashville Tract Hunting Area 507 

Navy Island Hunting Area 508 

Open Seasons — 

Black Bear 509 

Fur-Bearing Animals 510 

Game Birds 511 

Moose and Deer 512 

Rabbits and Squirrels 513 

Snapping Turtles 514 

Orangeville Reservoir Hunting Area 515 

Petroglyphs Provincial Park Hunting Area 516 

Polar Bears 517 

Prohibition of Hunting and Possession of Firearms 518 

Reporting and Registering Possession of Certain Game 519 

Reptiles 520 

Sale of Bass and Trout and Fishing Preserves 521 

Snares 522 

Stag Island Hunting Area 523 

Tiny Marsh Hunting Area 524 

Trade in Game Animal Hides and Cast Antlers 525 

Trap-Line Areas 526 

Traps 527 

Traps— Order Under Subsection 30 (4) of the Act 528 

Waters Set Apart — Frogs 529 

Wildlife Management Units 530 

Wolves and Black Bears in Captivity 531 

Gasoline Handling Act 

Gasoline Handling Code 532 

Gasoline Tax Act 

General 533 

Returns and Refunds 534 

General Welfare Assistance Act 

Civil Legal Aid 535 

Dental Services 536 

General 537 

Indian Bands 538 



XIV 



TABLE DES REGLEMENTS 



Reg. 
Grain Corn Marketing Act 

Licence Fees 539 

Grain Elevator Storage Act 

General 540 

Guarantee Companies Securities Act 

Approved Guarantee Companies 541 

Healing Arts Radiation Protection Act 

Hospitals Prescribed for the Installation and Operation 

of Computerized Axial Tomography Scanners 542 

X-Ray Safety Code 543 

HeaKh Care Accessibility Act 

Administrative Charge 544 

Health Disciplines Act 

Child Resistant Pacl<ages 545 

Dental Hygienists 546 

Dentistry 547 

Medicine 548 

Nursing 549 

Optometry 550 

Pharmacy 551 

Health Insurance Act 

General 552 

Health Protection and Promotion Act 

Areas Comprising Health Units 553 

Camps in Unorganized Territory 554 

Capital Assistance Grants for Boards of Health 555 

Clinics for Sexually Transmitted Diseases 556 

Communicable Diseases — General 557 

Designation of Communicable Diseases 558 

Designation of Municipal Members of Boards of 

Health 559 

Designation of Reportable Diseases 560 

Exemption — Subsection 38 (2) of the Act 561 

Food Premises 562 

Grants for Health Promotion Projects and Initiatives 563 

Grants to Boards of Health 564 

Public Pools 565 

Qualifications of Boards of Health Staff 566 

Rabies Immunization 567 

Recreational Camps 568 

Reports 569 

School Health Services and Programs 570 

Slaughterhouses and Meat Processing Plants 571 

Warrant 572 



VOLUME 5 

Highway Traffic Act 

Allowable Gross Weight for Designated Class of 

Vehicle 573 

Appeals 574 

Commercial Motor Vehicle Inspections 575 

Commercial Vehicle Operator's Registration 

Certificates 576 

Covering of Loads 577 

Demerit Point System 578 

Designation of Highways 579 

Designation of Paved Shoulders on King's Highway 580 

Disabled Person Parking Permits 581 

Driver Improvement Program 582 

Driver Licence Examinations 583 

Driver's Licence Suspension for Default of Payment of 

Fine 584 

Drivers' Licences 585 

Driving Instructor's Licence 586 

Equipment 587 



Reg. 
Exemption from Section 7 of the Act — American 

States 588 

Exemption from Sectioi s 7 and 11 of the Act — 

States of the United States of America 589 

State of Illinois 590 

State of Michigan 591 

State of South Dakota 592 

Exemption from Subsection 85 (1) of the Act — 

Province of Alberta 593 

State of New York 594 

Garage Licences 595 

General 595 

Gross Vehicle Weights 597 

Gross Weight on Bridges 598 

Highway Closings 599 

Hours of Work 600 

Motor Vehicle Inspection Stations 601 

Notice to Have Motor Vehicle(s) Examined and Tested . 602 

Over-Dimensional Farm Vehicles 603 

Parking 604 

Parking of Vehicles in Territory Without Municipal 

Organization 605 

Portable Lane Control Signal Systems 606 

Reciprocal Suspension of Licences 607 

Restricted Use of Left Lanes by Commercial Motor 

Vehicles 608 

Restricted Use of the King's Highway 609 

Safety Helmets 610 

Safety Inspections 611 

School Buses 612 

Seat Belt Assemblies 613 

Security of Loads 614 

Signs 615 

Slow-Moving Vehicle Sign 616 

Special Permits 617 

Specifications and Standards for Trailer Couplings 618 

Speed Limits 619 

Speed Limits in Provincial Parks 620 

Speed Limits in Territory Without Municipal 

Organization 621 

Stopping of Vehicles on Parts of the King's Highway .... 622 

Stop Signs at Intersections 623 

Stop Signs in Territory Without Municipal 

Organization 624 

Tire Standards and Specifications 625 

Traffic Control Signal Systems 626 

Use of Controlled-Access Highways by Pedestrians 627 

Vehicle Permits 628 

Vehicles for the Transportation of Physically Disabled 

Passengers 629 

Vehicles on Controlled-Access Highways 630 

Yield Right-of-Way Signs in Territory Without 

Municipal Organization 631 

Historical Parks Act 

Historical Parks — Fees 632 

Parks 633 

Homemakers and Nurses Services Act 

General 634 

Homes for Retarded Persons Act 
General 635 

Homes for Special Care Act 

General 636 

Homes for the Aged and Rest Homes Act 

General 637 

Hospital Labour Disputes Arbitration Act 

Remuneration of Chairs and Members of Arbitration 

Boards 638 

Rules of Procedure 639 



XV 



TABLE OF REGULATIONS 



Reg. 

Hotel Fire Safety Act 

General 640 

Housing Development Act 

General 641 

Human Rights Code Act 
Search and Entry Warrants 642 

Hunter Damage Compensation Act 

General 643 

Hypnosis Act 

Application of Section 2 of the Act 644 

Immunization of School Pupils Act 

General 645 

Income Tax Act 

Amounts Deducted or Withheld By Employers 646 

Ontario Tax Reduction 647 

Tax Table for Individuals 648 

Independent Health Facilities Act 

Application and Exemptions 649 

General 650 

Industrial Standards Act 

Designation of Industries and Zones 651 

Duties of Employers and Advisory Committees 652 

Interprovincially Competitive Industries 653 

Publication Costs 654 

Schedule — 

Bricklaying and Stonemasonry 

Industry — Ottawa 655 

Bricklaying and Stonemasonry 

Industry — Toronto 656 

Electrical Repair and Construction 

Industry — Toronto 657 

Fur Industry — Ontario 658 

Ladies' Cloak and Suit Industry — Ontario 659 

Ladies' Dress and Sportswear Industry 660 

Men's and Boys' Clothing Industry — Ontario 661 

Plastering Industry— Ottawa 662 

Insurance Act 

Agents' Licences 663 

Automobile Insurance 664 

Calculations Under Clause 60 (1) (b) of the Act 665 

Classes of Insurance 666 

Compensation Corporations 667 

Fault Determination Rules 668 

Financial Statements 669 

General 670 

Life Companies Special Shares — Investment 671 

No-Fault Benefits Schedule 672 

Order Under Paragraph 1 of Subsection 108 (2) of the 

Act — Rates of Interest 673 

Replacement of Life Insurance Contracts 674 

Schedule of Fees 675 

Uninsured Automobile Coverage 676 

Variable Insurance Contracts of Life Insurers 677 

Interpretation Act 

Fees Payable Under Various Acts 678 

Investment Contracts Act 

Registration 679 

Juries Act 

General 680 

Justices of the Peace Act 

Salaries and Benefits 681 



Reg. 

Laboratory and Specimen Collection Centre 
Licensing Act 

Laboratories 682 

Specimen Collection Centres 683 

Labour Relations Act 

General 684 

Office of the Board 685 

Rules of Procedure 686 

Land Registration Reform Act 

Automated Recording and Property Mapping 687 

Documents 688 

Land Titles Act 

Fees 689 

Forms, Records and Procedures 690 

Land Titles Divisions 691 

Surveys and Descriptions of Land 692 

Transfer of Functions 693 

Land Transfer Tax Act 

Delegation of Authority 694 

Exemptions — 
For Certain Easements Granted to Oil or Gas 

Pipe Lines 695 

For Certain Inter-Spousal Transfers 696 

For Conveyance to Family Farm Corporation 

or Family Business Corporation 697 

For Conveyance to Non-Resident Persons 
and Persons Who Are Not Non-Resident 

Persons 698 

Forms 699 

Leases 700 

Notice of Purchaser's Lien for Default 701 

Rates of Interest 702 

Taxation of Mineral Lands 703 

Transfers Between Related Corporations 704 

Landlord and Tenant Act 

Classes of Accommodation Deemed not to be 

Residential Premises 705 

Forms 706 

Summary of Part IV of the Act 707 

Law Society Act 

General 708 

Law Foundation 709 

Legal Aid Act 

General 710 



VOLUME 6 

Legislative Assembly Retirement Allowances Act 
General 711 

Lightning Rods Act 

General 712 

Limited Partnerships Act 
General 713 

Line Fences Act 

Appeals 714 

Forms 715 

Land in Territory Without Municipal Organization 716 

Liquor Control Act 
General 717 

Liquor Licence Act 

General 718 



XVI 



TABLE DES REGLEMENTS 



Reg. 

Licences to Sell Liquor 719 

Manufacturers' Licences 720 

Possession of Liquor in Conservation Areas Operated 

by the Halton Region Conservation Authority 721 

Possession of Liquor in Parks Managed or Controlled 
by the Niagara Parles Commission and the St. Clair 

Parkway Commission 722 

Possession of Liquor in Provincial Parks 723 

Livestock and Livestock Products Act 

Eggs 724 

Livestock 725 

Processed Egg 726 

Wool 727 

Livestock Branding Act 

Forms and Fees 728 

Livestock Community Sales Act 

General 729 

Livestock l^edicines Act 

General 730 

Livestock, Poultry and Honey Bee Protection Act 

Application for Payment of a Grant 731 

Dogs at Large in Unorganized Areas 732 

Loan and Trust Corporations Act 

General 733 

Local Roads Boards Act 

Establishment of Local Roads Areas — 

Northern and Eastern Regions 734 

Northwestern Region 735 

General 736 

Local Services Boards Act 

Local Services Boards 737 

Marriage Act 

General 738 

Meat Inspection Act (Ontario) 

General 739 

Members' Conflict of Interest Act 

Loi sur les conflits d'intérêts des membres de 

l'Assemblée 

General 740 

Dispositions générales 740 

Mental Health Act 

Application of Act 741 

Grants 742 

Mental Hospitals Act 

Application of Section 13 of the Public Hospitals Act .... 743 
General 744 

Milk Act 

By-Laws for Marketing Boards 745 

Cheese — 

Exchange 746 

Information to be Furnished 747 

Marketing 748 

Marketing — Exemptions 749 

Cream for Processing — 

Marketing 750 

Plan 751 

Cream Producers — Licences 752 

Grades, Standards, Designations, Classes, Packing and 
Marking 753 

Industrial Milk — Marketing 754 



Reg. 

Levies — Milk 755 

Marketing Boards 756 

Marketing of Milk to Fluid Milk Processors 757 

Milk- 
Marketing 758 

Transportation 759 

Milk and Cheese — Plan 760 

Milk and Milk Products 761 

Milk Producers, Licences, Quotas, Pools and 

Transportation 762 

Milk Products — Extension of Powers 763 

Reconstituted Milk — General 764 

Mining Act 

Exploratory Licences and Leases for Oil and Natural 

Gas North of the Fifty-first Parallel of Latitude 765 

Exploratory Licences and Production Leases for 

Natural Gas in Lake Erie 766 

Mining Divisions 767 

Surveys of Mining Claims 768 

Mining Tax Act 

General 769 

Ministry of Colleges and Universities Act 

Colleges of Applied Arts and Technology — 

Boards of Governors and Council of Regents 770 

Colleges 771 

Graduate Scholarship Awards 772 

Ontario Special Bursary Program 773 

Ontario Student Loans 774 

Ontario Study Grant Plan 775 

Ministry of Community and Social Services Act 
Social Assistance Review Board 776 

Ministry of Consumer and Commercial Relations Act 

Fees 777 

Ministry of Correctional Services Act 

General 778 

Intermittent Sentences 779 

Ministry of Health Act 

Bursaries and Fellowships for Health Study 780 

Chest Diseases Control Clinics 781 

Chiropody Bursaries 782 

Dental Bursaries 783 

District Health Councils 784 

Grants — Health Resources 785 

Grants to Accredited Nursing Homes 786 

Grants to University Faculties of Medicine 787 

Medical Bursaries 788 

Nursing Bursaries 789 

Nursing Innovation Fund 790 

Occupational Therapy Bursaries 791 

Physiotherapy Bursaries 792 

Speech Pathology and Audiology Bursaries 793 

Standard Ward Accommodation 794 

Ministry of Natural Resources Act 

Mining and Lands Commissioner to Hear and 
Determine Appeals Under Subsection 28 (5) of the 
Conservation Authorities Act 795 

Ministry of Tourism and Recreation Act 

Grants for Non-Profit Camps 796 

Recreation Programs 797 

Mortgage Brokers Act 
General 798 

Motor Vehicle Accident Claims Act 

Designated Insurers 799 



XVII 



TABLE OF REGULATIONS 



General 



Motor Vehicle Dealers Act 

General 



Motor Vehicle Repair Act 

General 



Reg. 
.800 

.801 

..802 



Motorized Snow Vehicles Act 

Designations 803 

General 804 

Motorized Snow Vehicle Operators' Licences 805 

Municipal Act 

Designation — 

Agricultural Research Stations 806 

Correctional Institutions 807 

Facilities Under Developmental Services Act 808 

Municipalities 809 

Provincial Education Institutions 810 

Provincial Mental Health Facilities and Public 

Hospitals 811 

Universities 812 

Pension Plan for Municipal Employees 813 

Small Business Programs 814 

Waste Management 815 



Municipal Affairs Act 

Tax Arrears and Tax Sale Procedures 



.816 



Municipal and School Board Payments Adjustment Act 
General 817 

Municipal Elections Act 

Use of Central Vote Tabulators 818 

Use of Vote Tabulators 819 

Use of Voting Recorders 820 

Municipal Extra-Territorial Tax Act 

Assessment Equalization Factor 821 

General 822 



Reg. 
Occupational Health and Safety Act 

Control of Exposure to Biological or Chemical Agents .. 833 

Critical Injury — Defined 834 

Designated Substance — 

Acrylonitrile 835 

Arsenic 836 

Asbestos 837 

Asbestos on Construction Projects and in 

Buildings and Repair Operations 838 

Benzene 839 

Coke Oven Emissions 840 

Ethylene Oxide 841 

Isocyanates 842 

Lead 843 

Mercury 844 

Silica 845 

Vinyl Chloride 846 

Designations Under Clause 16 (1) (n) of the Act 847 

Diving Operations 848 

Firefighters — Protective Equipment 849 

Hazardous Materials Inventories 850 

Industrial Establishments 851 

Inventory of Agents or Combinations of Agents for the 

Purpose of Section 34 of the Act 852 

Joint Health and Safety Committees — Exemption From 

Requirements 853 

Mines and Mining Plants 854 

Oil and Gas— Offshore 855 

Roll-Over Protective Structures 856 

Teachers 857 

University Academics and Teaching Assistants 858 

Window Cleaning 859 

Workplace Hazardous Materials Information System 

(WHMIS) 860 

X-Ray Safety 861 



Official Notices Publication Act 

Rates 



862 



Off-Road Vehicles Act 

General 



.863 



Municipal Freedom of Information and Protection of 

Privacy Act 

Loi sur l'accès à l'information municipale et la 

protection de la vie privée 

General 823 

Dispositions générales 823 

Municipal Tax Sales Act 

Loi sur les ventes pour impôts municipaux 

Municipal Tax Sales Rules 824 

Règles concernant les ventes pour impôts municipaux .824 

Municipality of Metropolitan Toronto Act 

Ward Boundaries 825 

Niagara Escarpment Planning and Development Act 

Designation of Area of Development Control 826 

Designation of Planning Area 827 

Development Within the Development Control Area 828 



Niagara Parks Act 

General 



829 



Non-Resident Agricultural Land Interests 
Registration Act 

General 830 



Notaries Act 

Fees 



.831 



Nursing Homes Act 

General 



Oleomargarine Act 

General 



.864 



Ombudsman Act 

General Rules 865 

Ontario Agricultural Museum Act 

Fees 866 

General 867 



Ontario Drug Benefit Act 

General 



.868 



.832 



Ontario Energy Board Act 

General 869 

Rules of Procedure 870 

Ontario Food Terminal Act 

Composition and Procedure of Board 871 

Conduct of Business 872 

Ontario Guaranteed Annual Income Act 

Forms 873 

General 874 

Ontario Heritage Act 

Archaeological Sites 875 

Grants and Loans 876 

Grants for Museums 877 

Grants for Plaquing 878 

Grants to Incorporated Historical Societies and 
Associations 879 



XVIII 



TABLE DES RÈGLEMENTS 



Reg. 

Historic Sites 880 

Licences 881 

Ontario Highway Transport Board Act 

Rules of Procedure 882 

Ontario Home Ownership Savings Plan Act 

General 883 

Ontario Institute for Studies in Education Act 

General 884 

Ontario Lottery Corporation Act 

General 885 



Ontario Mineral Exploration Program Act 

Ontario Mineral Incentive Program 

Ontario Prospectors' Assistance Program 

Ontario Municipal Board Act 

Fees 

Rules of Procedure 



.886 
.887 



.888 
.889 



Ontario Municipal Employees Retirement System Act 

General 890 



Ontario Municipal Improvement Corporation Act 

Procedure 



Ontario New Home Warranties Plan Act 

Administration of the Plan 

Designation of Corporation 

Terms and Conditions of Registration of Builders and 
Vendors 



891 



.892 
.893 

.894 



Ontario Pensioners Property Tax Assistance Act 

Amount— Clause 2 (2) (a) of the Act 895 

General 896 

Grants 897 



Ontario Place Corporation Act 

Fees 



.898 



Ontario Telephone Development Corporation Act 

Composition and Procedures of Corporation 899 



VOLUME 7 

Ontario Water Resources Act 

Municipal Sewage and Water and Roads Class 

Environmental Assessment Projects 900 

Plumbing Code 901 

Rate of Interest 902 

Wells 903 



Operating Engineers Act 

General 



.904 



Ophthalmic Dispensers Act 

General 905 



Paperback and Periodical Distributors Act 

General 



906 



Parks Assistance Act 

General 907 



Parkway Belt Planning and Development Act 

Parkway Belt Planning Area 



.908 



Pension Benefits Act 

General 909 



Reg. 
Personal Property Security Act 

Branch Offices 910 

Fees 911 

General 912 

Personal Property Security Assurance Fund 913 

Pesticides Act 

General 914 

Petroleum Resources Act 

Exploration Drilling and Production 915 

Protection of Designated Gas Storage Areas 916 

Planning Act 

Notice Requirements — 

Interim Control By-Laws 917 

Official Plans and Community Improvement 

Plans 918 

Removal of Holding Symbol from Zoning 

By-Law 919 

Zoning By-Laws 920 

Planning Board Fees 921 

Rules of Procedure- 
Consent Applications 922 

Minor Variance Applications 923 



Plant Diseases Act 

General 



.924 



Police Services Act 

Arbitration 925 

Equipment 926 

General — Discipline 927 

Members' Duty to Prepare Informations 928 

Municipal Police Forces 929 

Responsibility of Policing 930 

Power Corporation Act 

Debt Guarantee Fees 931 

Fees 932 

Water Heaters 933 



Prepaid Services Act 

General 



.934 



Prescription Drug Cost Regulation Act 

General 935 

Notice to Patients 936 

Private Hospitals Act 

General 937 



Private Investigators and Security Guards Act 

General 



.938 



Private Vocational Schools Act 

General 939 



Proceedings Against the Crown Act 

Garnishment 



Professional Engineers Act 

General 



Province of Ontario Savings Office Act 

Interest Rate 



.940 
.941 
.942 



Provincial Land Tax Act 

Forms 943 

General 944 

Provincial Offences Act 

Costs 945 

Extensions of Prescribed Times 946 



XIX 



TABLE OF REGULATIONS 



Reg. 

Fee for Late Payment of Fine 947 

Fine Option Program 948 

Parl<ing Infractions 949 

Proceedings Commenced by Certificate of Offence 950 

Provincial Parles Act 

Designation of Parks 951 

General 952 

Guides in Quetico Provincial Park 953 

Mining in Provincial Parks 954 



Psychologists Registration Act 

General 



.955 



Public Accountancy Act 

Licence Fee 



956 



Public Hospitals Act 

Capital Grants for the Amalgamation of Hospital 

Services 957 



Capital Grants for Ambulance Facilities 

Capital Grants for Capital Expenditures that will 

Produce Savings in Operating Costs 

Capital Grants for Hospital Construction and 

Renovation 

Capital Grants for Local Rehabilitation and Crippled 

Children's Centres 

Capital Grants for Regional Rehabilitation Hospitals 

Capital Grants for Teaching Hospitals 

Classification of Hospitals 

Hospital Management 

Oil Conversion Grants 

Special Grants — 

Acquisition of Hospital Facilities 

Correction of Hazardous Conditions 

Management of Biomedical Waste 



.958 

.959 

.960 

.961 
.962 
.963 
.964 
.965 
.966 

.967 
.968 
.969 



Public Institutions Inspection Act 

Fees and Allowances to Panel Members 



.970 



Public Lands Act 

Crown Land Camping Permit 971 

Fees for Certificates and Orders 972 

Land Use Permits 973 

Sale and Lease of Public Lands 974 

Work Permits 975 

Public Libraries Act 

Grants for Public Libraries 976 

Public Service Act 

General 977 

Public Transportation and Highway Improvement Act 

Intersections in Unorganized Territory 978 

Permits 979 

Use of Rest, Service or Other Areas 980 

Public Trustee Act 

General 981 

Public Vehicles Act 

General 982 

Race Tracks Tax Act 

Forms 983 

General 984 

Radiological Technicians Act 

General 985 



Real Estate and Business Brokers Act 

General 



Reciprocal Enforcement of Judgments Act 

Application of Act 



Reciprocal Enforcement of Support Orders Act 

Reciprocating States 



Reg. 
.987 

.988 



Registered Insurance Brokers Act 

Composition and Election of Council 989 

Exemptions 990 

General 991 

Registry Act 

Canada Lands 992 

Certification Areas 993 

Fees 994 

Forms and Records 995 

Registry Divisions 996 

Surveys, Plans and Descriptions of Land 997 

Transfer of Functions 998 



Regulations Act 

General 



.999 



Rental Housing Protection Act 

General 



1000 



Repair and Storage Liens Act 

Fees 1001 

Forms 1002 

General 1003 

Residential Rent Regulation Act 

General 1004 

Regions 1005 

Rent Determination 1006 

Rent Registry 1007 

Rental Housing Maintenance Standards 1008 

Rules Under Sections 60, 61 and 62 of the Act for 

Applications and Justifications 1009 

Suite Hotel 1010 

Retail Sales Tax Act 

Definitions 1011 

Definitions by Minister 1012 

General 1013 



Riding Horse Establishments Act 

General 



1014 



VOLUME 8 



Securities Act 

General 1015 

Seed Potatoes Act 

General 1016 

Shoreline Property Assistance Act 

General 1017 

Small Business Development Corporations Act 

Additional Material to be Furnished with Grant 

Applications 1018 

Forms 1019 

General 1020 

Terms and Conditions Relating to Beneficial 

Ownership of Equity Shares 1021 

St. Clair Parkway Commission Act 
General 1022 



.986 



St. Lawrence Parks Commission Act 

Parks 



1023 



XX 



TABLE DES RÈGLEMENTS 



Reg. 

Stock Yards Act 

Management 1024 

Surveyors Act 

Certificates of Registration 1025 

General 1026 

Surveys Act 

IVlonuments 1027 

Ontario Co-ordinate System 1028 

Survey Methods 1029 

Technology Centres Act 

Ontario Centre for Resource Machinery Technology .... 1030 

Theatres Act 

General 1031 

Tile Drainage Act 

Borrowing By-Laws, Debentures and Loans 1032 

Tobacco Tax Act 

Forms 1033 

General 1034 

Refunds 1035 

Toronto Area Transit Operating Authority Act 

General 1036 

Tourism Act 

General 1037 

Trades Qualification Act 

Air Cooled and Marine Engine Mechanic 1038 

Alignment and Bral<es Mechanic 1039 

Auto Body Repairer 1040 

Automatic Machinist 1041 

Automotive Machinist 1042 

Automotive Painter 1043 

Baker 1044 

Brick and Stone Mason 1045 

Cement Mason 1046 

Construction Boilermaker 1047 

Construction Millwright 1048 

Cook 1049 

Dry Cleaner 1050 

Electrician 1051 

Farm Equipment Mechanic 1052 

Fitter (Structural Steel/Platework) 1053 

Fuel and Electrical Systems Mechanic 1054 

General 1055 

General Carpenter 1056 

General Machinist 1057 

Glazier and Metal Mechanic 1058 

Heavy Duty Equipment Mechanic 1059 

Hoisting Engineer 1060 

Horticulturist 1061 

Industrial Electrician 1062 

Industrial Mechanic (Millwright) 1063 

Industrial Woodworker 1064 

Ironworker 1065 

Lather 1066 

Lineworker 1067 

Motor Vehicle Mechanic 1068 

Motorcycle Mechanic 1069 

Mould Maker 1070 

Painter and Decorator 1071 

Plasterer 1072 



Reg. 

Plumber 1073 

Printer 1074 

Radio and Television Service Technician 1075 

Refrigeration and Air-Conditioning Mechanic 1076 

Sheet Metal Worker 1077 

Sprinkler and Fire Protection Installer 1078 

Steamfitter 1079 

Tool and Die Maker 1080 

Transmission Mechanic 1081 

Truck-Trailer Repairer 1082 

Watch Repairer 1083 

Transboundary Pollution Reciprocal Access Act 

Reciprocating Jurisdictions 1084 

Travel Industry Act 

General 1085 

Truck Transportation Act 

Conditions of Carriage — 

Carriers of 01 41 — Livestock and 01 

92 — Animal Specialties 1086 

General Freight Carriers 1087 

Household Goods Carriers 1088 

Intermediaries 1089 

Obligations of Licensees 1090 

Operating Licences 1091 

Upholstered and Stuffed Articles Act 

General 1092 

Veterinarians Act 

General 1093 

Vital Statistics Act 

General 1094 

Vocational Rehabilitation Services Act 

General 1095 

Weed Control Act 

General 1096 

Wild Rice Harvesting Act 

General 1097 

Wilderness Areas Act 

Wilderness Areas 1098 

Wine Content Act 

Wine Blending Requirements 1099 

Woodlands Improvement Act 

General 1100 

Workers' Compensation Act 

First Aid Requirements 1101 

General 1102 

Pension Plan 1103 



VOLUME 9 

Rules of Civil Procedure 

(Courts of Justice Act) 194 

Règles de procédure civile 

(Loi sur les tribunaux judiciaires) 194 



XXI 



Reg./Règl. 207 



Reg./Règl. 207 



Credit Unions and Caisses Populaires Act 
Loi sur les caisses populaires et les credit unions 



REGULATION 207 
ANNUAL PREMIUM 

1. In this Regulation, 

"Corporation" means the Ontario Share and Deposit Insurance Cor- 
poration; 

"deposit" includes any deposit whether or not insured or required to 
be insured by the Corporation; 

"share capital" includes any share capital whether or not insured or 
required to be insured by the Corporation. O. Reg. 150/87, s. 1. 

2. The following are prescribed as the terms under which the Cor- 
poration shall establish an annual premium for a credit union: 

1. The annual premium shall be calculated at the rate of $2.10 
per $1,000 of combined share capital and deposits of the 
credit union. 

2. The Corporation, not later than ninety days after the start 
of a calendar year, shall determine the amount of combined 
share capital and deposits of the credit union based on, 

i. the audited financial statements of the credit union if 
its fiscal year ended between the 30th day of June 
and the 1st day of October in the preceding calendar 
year and if by the 30th day of November in that year 
it filed, with the Corporation, the statements 
together with a written request to base the determi- 
nation on the statements, 

ii. the quarterly statistical return of the credit union for 
any quarter ending between the 30th day of June and 
the 1st day of October in the preceding calendar year 
if, 

A. the credit union filed the return with the Cor- 
poration by the 31st day of October in the 
preceding calendar year or by such later date 
as the Corporation may permit, 

B. the Corporation is satisfied that the informa- 
tion in the return is sufficiently accurate for its 
purposes, and 

C. the criteria in subparagraph i have not been 
met, 

iii. an audited statement of the share capital and depos- 
its of the credit union for any quarter ending 



between the 30th day of June and the 1st day of 
October in the preceding calendar year if, 

A. the Corporation has directed the credit union 
to file the statement, 

B. the credit union filed the statement with the 
Corporation by the 15th day of December of 
the preceding calendar year or by such later 
date as the Corporation may permit, and 

C. the criteria in subparagraphs i and ii have not 
been met, 

iv. an estimate by the Corporation, if the criteria in sub- 
paragraphs i, ii and iii have not been met. 

3. Where the annual premium for a credit union is established 
on the basis of an estimate and the Corporation has under- 
estimated the premium, upon receipt of an audited financial 
statement, quarterly statistical return or a statement of 
share capital and deposits for a period described in subpara- 
graph i, ii or iii of paragraph 2, as may be appropriate, that, 
except for the date of filing, otherwise satisfies the require- 
ments of the relevant subparagraph, the Corporation shall 
adjust the premium to reflect the amount that would have 
been payable had the relevant document been available at 
the time the estimate was made. 

4. If the annual premium for a credit union, when calculated 
in accordance with paragraphs 1, 2 and 3, would be less 
than $100, the Corporation shall establish the premium for 
the credit union at $100. 

5. Where a credit union carries on business for less than the 
full year in respect of which an annual premium is estab- 
lished, its annual premium for that year shall be reduced by 
an amount proportionate to the period in which it did not 
carry on business. 

6. The Corporation may use approximate figures in determin- 
ing or calculating any amount, rate or premium under this 
Regulation. O. Reg. 150/87, s. 2; O. Reg. 45/88, s. 1; 
O. Reg. 159/89, s. I. 

3. A credit union shall pay the full amount of the annual premium 
assessed on it by the Corporation within thirty days of the date of the 
invoice for the premium. O. Reg. 150/87, s. 3. 

4. A credit union shall file an audited statement of its share capi- 
tal and deposits with the Corporation at such time as may be speci- 
fied in a direction given to it by the Corporation and the statement 
shall relate to the period set out in the direction. O. Reg. 150/87, 
s. 4. 



Reg./Règl. 208 



CREDIT UNIONS AND CAISSES POPULAIRES 



Reg./Règl. 210 



REGULATION 208 
CREDIT UNION LEAGUES 

1. The following provisions of the Act do not apply to leagues: 

1. Section 29. 

2. Section 40. 

3. Section 41. 

4. Paragraphs 7 and 8 of section 80. 

5. Subsection 82 (1). 

6. Section 91. 

R.R.O. 1980, Reg. 194, s. 1; O. Reg. 59/81, s. 1. 



REGLEMENT 208 
FÉDÉRATIONS DE CAISSES 

1 Les dispositions suivantes de la Loi ne s'appliquent pas aux 
fédérations : 

1. L'article 29. 

2. L'article 40. 

3. L'article 41. 

4. Les dispositions 7 et 8 de l'article 80. 

5. Le paragraphe 82 (1). 

6. L'article 91. 

Règl. de l'Ont. 481/90, art. \,enpartie. 



REGULATION 209 
DESIGNATIONS UNDER SECTION 85 OF THE ACT 

1. The Small Business Loans Act (Canada) is designated as an 
Act under which a credit union may make guaranteed loans provided 
that the loans are made in accordance with the provisions of that 
Act. O. Reg. 802/82, s. 1. 



REGULATION 210 
GENERAL 

1. An application for incorporation by articles of incorporation 
shall be in Form 1. R.R.O. 1980, Reg. 195, s. 1. 

2. A certificate of incorporation shall be in Form 2. R.R.O. 
1980, Reg. 195, s. 2. 

3. A certificate of amalgamation shall be in Form 3. R.R.O. 
1980, Reg. 195, s. 3. 

4. Articles of amendment shall be in Form 4. R.R.O. 1980, 
Reg. 195, s. 4. 

5. A certificate of amendment shall be in Form 5. R.R.O. 1980, 
Reg. 195, s. 5. 

6. Restated articles of incorporation shall be in Form 6. R.R.O. 
1980, Reg. 195, s. 6. 

7. A restated certificate of incorporation shall be in Form 7. 
R.R.O. 1980, Reg. 195, s. 7. 

8. An application by a credit union incorporated under the laws 
of a province or territory of Canada for extra-provincial registration 
under section 142 of the Act shall be in Form 9. O. Reg. 744/83, 
s. 1. 

9. The fees set out in the Schedule shall be paid to the Treasurer 
of Ontario. R.R.O. 1980, Reg. 195, s. 8. 



REGLEMENT 210 
DISPOSITIONS GÉNÉRALES 

1 La demande de constitution au moyen de statuts constitutifs est 
rédigée selon la formule 1. Règl. de l'Ont. 96/89, art. 2, en partie. 

2 Le certificat de constitution est rédigé selon la formule 2. Règl. 
de l'Ont. 96/89, art. 2, en partie. 

3 Le certificat de fusion est rédigé selon la formule 3. Règl. de 
l'Ont. 96/89, art. 2, en partie. 

4 Les statuts modificatifs sont rédigés selon la formule 4. Règl. de 
l'Ont. 96/89, art. 2, en partie. 

5 Le certificat de modification est rédigé selon la formule 5. Règl. 
de l'Ont. 96/89, art. 2, en partie. 

6 Les statuts mis à jour sont rédigés selon la formule 6. Règl. de 
l'Ont. 96/89, art. 2, en partie. 

7 Le certificat de constitution mis à jour est rédigé selon la for- 
mule 7. Règl. de l'Ont. 96/89, art. 2, en partie. 

8 La demande d'enregistrement extraprovincial que présente, en 
vertu de l'article 142 de la Loi, une caisse constituée sous l'autorité 
des lois d'une province ou d'un territoire du Canada est rédigée selon 
la formule 9. Règl. de l'Ont. 96/89, art. 2, en partie. 

9 Les droits fixés à l'annexe sont payés au trésorier de l'Ontario. 
Règl. de l'Ont. 96/89, art. 2, en partie. 



Reg./Règl. 210 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 210 



10. The first meeting shall be convened by a majority of the 
incorporators by written notice mailed to each of the incorporators at 
least seven days before the date of the meeting, stating the place, 
date, time and purpose of the meeting. R.R.O. 1980, Reg. 195, 
s. 9. 

11. At the first meeting, 

(a) a majority of the incorporators of the credit union consti- 
tutes a quorum; and 

(b) by-laws shall be enacted and the organization of the credit 
union completed. R.R.O. 1980, Reg. 195, s. 10. 



Financial Statements 

12.— (1) The financial statements referred to in clause 71 (2) (a) 
of the Act shall consist of, 

(a) a balance sheet as at the end of the period; 

(b) a statement of operations for the period; 

(c) a statement of undivided earnings for the period; and 

(d) a statement of each reserve for the period. 

(2) The statements listed in subsection ( 1 ) need not necessarily be 
so designated. R.R.O. 1980, Reg. 195, s. II. 



13. A balance sheet to be placed before the annual meeting shall 
be drawn up to present fairly the financial position of the credit 
union at the date to which it is made up and to distinguish severally, 
either on the face of the balance sheet or by note thereto, at least, 

(a) cash, including cash on hand, deposits maturing or callable 
within ninety days, and payroll deductions receivable which 
have been made and which are in the course of being remit- 
ted; 

(b) accrued interest receivable and other current receivables; 



(c) securities, showing severally at least, 

(i) bonds, debentures and other obligations of, or guar- 
anteed by the Government of Canada or by the gov- 
ernment of any province of Canada, 

(ii) bonds, debentures and like securities other than 
securities referred to in subclause (i) not in default. 



(iii) shares of corporations, other than a league. 



(iv) shares of a league, 

stating, in each category, the basis of valuation and the 
aggregate market value; 

(d) loans receivable from members secured by a first mortgage 
on real property; 



(e) loans receivable from corporations and partnerships; 



(f) loans receivable from members other than loans referred to 
in clauses (d) and (e); 



10 La première assemblée est convoquée par la majorité des fon- 
dateurs au moyen d'un avis écrit envoyé par la poste à chaque fonda- 
teur au moins sept jours avant l'assemblée. L'avis indique la date, 
l'heure, le lieu et le but de l'assemblée. Régi, de l'Ont. 96/89, art. 2, 
en partie. 

11 Lors de la première assemblée : 

a) la majorité des fondateurs de la caisse constitue le quorum; 



b) les règlements administratifs sont adoptés et l'organisation 
de la caisse est achevée. Régi, de l'Ont. 96/89, art. 2, en 
partie. 

États financiers 

12 (1) Les états financiers visés à l'alinéa 71 (2) a) de la Loi com- 
prennent les pièces suivantes : 

a) le bilan à la clôture de la période; 

b) un état des résultats d'exploitation pour la période; 

c) un état des bénéfices non répartis pour la période; 

d) un état de chacune des réserves pour la période. 

(2) Il n'est pas nécessaire que les états visés au paragraphe (1) 
portent ces désignations. Règl. de l'Ont. 96/89, art. 2, en partie, 
révisé. 

13 Le bilan présenté à l'assemblée annuelle est dressé de façon à 
refléter fidèlement la situation financière de la caisse à la date à 
laquelle il est établi et à distinguer, soit dans le bilan lui-même, soit 
dans des notes y afférentes, au moins : 

a) l'encaisse, y compris l'argent comptant, les dépôts venant à 
échéance ou remboursables dans les quatre-vingt-dix jours, 
et les retenues à recevoir sur les feuilles de paie qui ont été 
faites et qui sont en cours de versement; 

b) les créances exigibles, notamment les intérêts courus à rece- 
voir; 

c) les valeurs mobilières, en indiquant séparément au moins : 

(i) les obligations, debentures et autres titres émis ou 
garantis par le gouvernement du Canada ou d'une 
province, 

(ii) les obligations, debentures et les valeurs mobilières 
semblables qui ne sont pas visées au sous-alinéa (i) et 
qui ne sont pas en défaut, 

(iii) les actions de personnes morales, autres qu'une 
fédération, 

(iv) les parts sociales d'une fédération, 

en précisant, pour chaque catégorie, la base d'évaluation et 
la valeur marchande globale; 

d) les montants exigibles en remboursement des prêts consen- 
tis aux sociétaires et garantis par une première hypothèque 
sur un bien immeuble; 

e) les montants exigibles en remboursement de prêts consentis 
à des personnes morales et à des sociétés en nom collectif; 

f) les montants exigibles en remboursement de prêts aux 
sociétaires qui ne sont pas visés-aux alinéas d) et e); 



(g) allowance for doubtful loans; 



g) les réserves pour prêts douteux; 



Reg./Règl. 210 



CREDIT UNIONS AND CAISSES POPULAIRES 



Reg./Règl. 210 



(h) lands, buildings, equipment and leasehold improvements 
stating for each the basis of valuation, whether cost or oth- 
erwise, and, if valued on the basis of an appraisal, the date 
of the appraisal, the name of the appraiser, the basis of the 
appraisal value and, if such appraisal took place within five 
years preceding the date to which the balance sheet is made 
up, the disposition in the accounts of the credit union of any 
amounts added to or deducted from such assets on 
appraisal; 

(i) accumulated allowances for depreciation of buildings and 
equipment and accumulated amortization; 

(j) assessments on deposit with Ontario Share and Deposit 
Insurance Corporation, except assessments referred to in 
subsection 113 (4) of the Act stating the basis of valuation; 



(k) liability to members for deposit amounts withdrawable by 
negotiable order; 



(1) liability to members for deposits other than deposits 
referred to in clause (k); 

(m) accrued interest payable on members' deposits; 



(n) dividends and rebates of interest declared but unpaid; 

(o) loans and overdrafts from leagues; 

(p) loans and overdrafts from banks; 

(q) income taxes payable; 

(r) unpaid assessments by Ontario Share and Deposit Insur- 
ance Corporation made under subsection 113 (4) of the 
Act; 

(s) accounts payable and accrued liabilities, other than those 
referred to in clauses (k) to (r); 

(t) long-term debt obligations issued by the credit union, show- 
ing separately those secured by the credit union's real prop- 
erty and other long-term debt obligations and stating for 
each the interest rate, the repayment requirements and the 
maturity date; 

(u) deferred income taxes; 

(v) members' share capital; 

(w) undivided earnings; 

(x) any reserve, with disclosure of its purpose. R.R.O. 1980, 
Reg. 195, s. 12. 

14. A statement of operations to be placed before the annual 
meeting shall be drawn up to present fairly the results of the opera- 
tions of the credit union for the period covered by the statement and 
to distinguish severally, either on the face of the statement or by note 
thereto, at least. 



(a) interest income from first mortgage loans; 



(b) interest income from loans other than loans referred to in 
clause (a); 

(c) income from deposits with Ontario Share and Deposit 
Insurance Corporation; 



h) les terrains, les bâtiments, le matériel et les améliorations 
aux propriétés à bail en indiquant dans chaque cas la base 
de l'évaluation, selon le coût ou autrement; si l'évaluation 
est basée sur une expertise, la date de l'expertise, le nom de 
l'évaluateur, la base de son évaluation; si l'expertise a eu 
lieu dans les cinq années qui précèdent la date à laquelle le 
bilan a été établi, le traitement comptable dans les livres de 
la caisse des rentrées et des sorties à la suite de l'expertise; 



i) les réserves accumulées pour la dépréciation des bâtiments 
et du matériel et les amortissements accumulés; 

j) les cotisations déposées à la Société ontarienne d'assurance 
des actions et dépôts, en indiquant la base d'évaluation, à 
l'exception des cotisations visées au paragraphe 113 (4) de 
la Loi; 

k) la responsabilité envers les sociétaires à l'égard des dépôts 
susceptibles d'être retirés au moyen d'effets de caisse négo- 
ciables; 

1) la responsabilité envers les sociétaires à l'égard des dépôts 
qui ne sont pas visés à l'alinéa k); 

m) les intérêts courus sur les dépôts des sociétaires et qui leur 
sont payables; 

n) les dividendes et les remises d'intérêt déclarés mais non ver- 
sés; 

o) les prêts et les découverts des fédérations; 

p) les prêts et les découverts des banques; 

q) l'impôt sur le revenu à payer; 

r) les cotisations non versées à la Société ontarienne d'assu- 
rance des actions et dépôts aux termes du paragraphe 
113 (4) de la Loi; 

s) les comptes à payer et les dettes courues qui ne sont pas 
visés aux alinéas k) à r); 

t) les titres de créance à long terme de la caisse, en distinguant 
ceux garantis par les biens immeubles de la caisse, et les 
autres, et en précisant, dans chaque cas, le taux d'intérêt, 
les conditions de remboursement et la date d'échéance; 

u) l'impôt sur le revenu différé; 

v) le capital social des sociétaires; 

w) les bénéfices non répartis; 

x) les réserves, avec leur affectation. Régi, de l'Ont. 96/89, 
art. 2, en partie, révisé. 

14 L'état des résultats d'exploitation qui doit être présenté à l'as- 
semblée annuelle est dressé de façon à refléter fidèlement les résul- 
tats de l'exploitation de la caisse pendant la période visée par l'état et 
distingue, soit dans l'état lui-même, soit dans des notes y afférentes, 
au moins : 

a) le revenu provenant des intérêts sur les prêts en première 
hypothèque; 

b) le revenu provenant des intérêts sur les prêts qui ne sont pas 
visés à l'alinéa a); 

c) le revenu provenant des dépôts auprès de la Société onta- 
rienne d'assurance des actions et dépôts; 



Reg./Règl. 210 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 210 



(d) income from investments other than those referred to in 
clauses (a), (b) and (c); 

(e) interest expense on members' deposits; 

(f) interest expense on loans and overdrafts from leagues and 
banks; 

(g) interest expense on debt obligations issued for original 
terms of five years or less; 

(h) interest expense on debt obligations other than obligations 
referred to in clauses (f) and (g) including those secured by 
real property; 

(i) provision for doubtful loans; 

(j ) salaries and staff benefits; 

(k) remuneration to directors and other elected committee 
members; 



d) le revenu provenant des placements qui ne sont pas visés 
aux alinéas a), b) et c); 

e) les intérêts débiteurs sur les dé[>ôts de sociétaires; 

f) les intérêts débiteurs sur les prêts et les découverts des ban- 
ques et des fédérations; 

g) les intérêts débiteurs sur les titres de créance émis, à l'ori- 
gine, pour une durée de cinq années ou moins; 

h) les intérêts débiteurs sur les titres de créance qui ne sont pas 
visés aux alinéas f) et g), y compris ceux que garantissent 
des biens immeubles; 

i) les réserves pour prêts douteux; 

j) les salaires et les avantages sociaux du personnel; 

k) la rémunération des administrateurs et des autres membres 
élus des comités; 



(1) provision for depreciation of fixed assets and amortization 
of leasehold improvements; 

(m) office rental costs; 

(n) net premiums for life insurance relating to members' share 
capital, deposits and loans; 

(o) gains or losses on sale of investment securities; 



(p) operating expenses other than expenses referred to in 
clauses (e) to (o); 

(q) net income or loss for the period before income taxes and 
extraordinary items; 



(r) taxes on income imposed by any taxing authority; 



(s) extraordinary items net of applicable income taxes, the 
amount of which shall be disclosed; and 



(t) net income or loss for the period. R.R.O. 1980, Reg. 195, 
s. 13. 

15. A statement of undivided earnings to be placed before the 
annual meeting shall be drawn up to distinguish, either on the face of 
the statement or by note thereto, at least, 

(a) the balance of the undivided earnings at the end of the pre- 
ceding financial period; 

(b) the additions to and deductions from the undivided earn- 
ings during the financial period including, 

(i) the distribution of dividends, interest bonuses and 
interest rebates to members in respect of preceding 
financial periods, 

(ii) the net income or loss for the current financial 
period, 

(iii) the amount transferred to or from each reserve, 

(iv) the distribution of dividends, interest bonuses and 
interest rebates, to members in respect of the current 
financial period; and 



1) les réserves pour la dépréciation de l'actif immobilisé et l'a- 
mortissement des améliorations aux propriétés à bail; 

m) le coût de location des bureaux; 

n) les primes nettes de l'assurance-vie se rapportant au capital 
social des sociétaires, à leurs dépôts et à leurs emprunts; 

o) les bénéfices ou les pertes qui résultent de la vente de 
valeurs mobilières conservées à titre de placement; 

p) les frais d'exploitation qui ne sont pas visés aux alinéas e) à 

o); 

q) le revenu ou la perte nets pour la période visée avant 
déduction de l'impôt sur le revenu et des éléments figurant 
à la rubrique des postes extraordinaires; 

r) les impôts sur le revenu fixés par toute administration fis- 
cale; 

s) les éléments figurant à la rubrique des postes extraordinai- 
res nets de l'impôt sur le revenu applicable, dont le montant 
doit être divulgué; 

t) le revenu ou la perte nets pour la période visée. Régi, de 
l'Ont. 96/89, art. 2,en partie, révisé. 

15 L'état des bénéfices non répartis qui doit être présenté à l'as- 
semblée annuelle est dressé de façon à distinguer, soit dans l'état lui- 
même, soit dans des notes y afférentes, au moins : 

a) le solde des bénéfices non répartis à la fin de l'exercice 
précédent; 

b) les rentrées et les sorties du compte des bénéfices non 
répartis au cours de l'exercice précédent, y compris : 

(i) la répartition de dividendes, de primes sur les inté- 
rêts et des remises d'intérêt aux sociétaires à l'égard 
des exercices précédents, 

(ii) le revenu ou la perte nets pour l'exercice courant. 



(iii) les montants virés à chaque réserve, ou de celle-ci, 

(iv) la répartition de dividendes, de primes sur les inté- 
rêts et de remises d'intérêt aux sociétaires à l'égard 
de l'exercice courant; 



Reg./Règl. 210 



CREDIT UNIONS AND CAISSES POPULAIRES 



Reg./Règl. 210 



(c) the balance of the undivided earnings at the end of the cur- 
rent financial period. R.R.O. 1980, Reg. 195, s. 14. 

16. A statement of each reserve to be placed before the annual 
meeting shall be drawn up to distinguish, either on the face of the 
statement or by note thereto, at least, 

(a) the balance of the reserve at the end of the preceding finan- 
cial period; 

(b) the transfers from or to undivided earnings during the 
financial period; and 

(c) the balance of the reserve at the end of the current financial 
period. R.R.O. 1980, Reg. 195, s. 15. 

17.— (1) The individual items listed in sections 13 to 16 need not 
necessarily be so designated in the financial statements. 

(2) The term "reserve" shall be used in a financial statement to 
describe only, 

(a) amounts appropriated from undivided earnings at the dis- 
cretion of management for some purpose other than to 
meet a liability or contingency known or admitted or a com- 
mitment made as at the statement date or a decline in value 
of an asset that has already occurred; 



(b) amounts appropriated from undivided earnings pursuant to 
subsection 95 (2) of the Act or pursuant to the by-laws of 
the credit union for some purpose other than to meet a lia- 
bility or contingency known or admitted or a commitment 
made as at the statement date or a decline in value of an 
asset that has already occurred; and 



(c) amounts appropriated from undivided earnings in accor- 
dance with the terms of a contract and that can be restored 
to undivided earnings when the conditions of the contract 
are fulfilled. R.R.O. 1980, Reg. 195, s. 16. 

18. The notes to the financial statements shall indicate particulars 
of any change in accounting principle or practice or method of apply- 
ing any accounting principle or practice made during the period cov- 
ered by the statement that affects the comparability of the statements 
with the preceding period and the effect of any such change upon the 
net income for the period. R.R.O. 1980, Reg. 195, s. 17. 



19. The following matters shall be referred to in the financial 
statements or by way of note thereto, 

(a) a schedule showing the transactions in the allowance for 
doubtful loans account for the period, setting out the bal- 
ance of the allowance at the end of the preceding period, 
the additions to and deductions from the allowance during 
the period, and the balance of the allowance at the end of 
the current period; 

(b) a statement as to policy with regard to interest rates and 
repayment terms on first mortgage loans on real estate to 
members; 



c) le solde des bénéfices non répartis à la fin de l'exercice cou- 
rant. Règl. de l'Ont. 96/89, art. 2, enpartie, révisé. 

16 L'état de chacune des réserves qui doit être présenté à l'assem- 
blée annuelle est dressé de façon à distinguer, soit dans l'état lui- 
même, soit dans des notes y afférentes, au moins : 

a) le solde de la réserve à la fin de l'exercice précédent; 



b) les montants virés au compte des bénéfices non répartis, ou 
de celui-ci pendant l'exercice; 

c) le solde de la réserve à la fin de l'exercice courant. Règl. de 
l'Ont. 96/89, art. 2, en partie, révisé. 

17 (1) Il n'est pas nécessaire que les éléments visés aux articles 13 
à 16 portent ces désignations dans les états financiers. 

(2) Dans un état financier, le terme «réserve» désigne seulement 
les montants suivants : 

a) les montants prélevés sur les bénéfices non répartis, à la dis- 
crétion de la direction, à diverses fins sauf pour satisfaire à 
une obligation ou faire face à une éventualité, connues ou 
reconnues, ou respecter un engagement conclu à la date de 
l'état financier, ou pour parer à une diminution déjà surve- 
nue de la valeur d'un élément de l'actif; 

b) les montants prélevés sur les bénéfices non répartis, confor- 
mément au paragraphe 95 (2) de la Loi ou aux règlements 
administratifs de la caisse, à diverses fins sauf pour satis- 
faire à une obligation ou faire face à une éventualité, con- 
nues ou reconnues, ou respecter un engagement conclu à la 
date de l'état financier, ou pour parer à une diminution 
déjà survenue de la valeur d'un élément de l'actif; 

c) les montants prélevés sur les bénéfices non répartis confor- 
mément aux termes d'un contrat et qui peuvent être resti- 
tués à ce compte lorsque les conditions du contrat sont rem- 
plies. Règl. de l'Ont. 96/89, art. 2, enpartie, révisé. 

18 Les notes afférentes aux états financiers précisent les change- 
ments aux principes ou aux méthodes comptables ou à la façon de les 
appliquer qui ont été apportés au cours de la période visée par les 
états et qui influent sur les moyens de comparer les états avec ceux 
de la période précédente, et les conséquences de ces changements 
sur le revenu net pour la période visée. Règl. de l'Ont. 96/89, art. 2, 
enpartie, révisé. 

19 Les éléments suivants figurent dans les états financiers ou dans 
des notes y afférentes : 

a) une liste des opérations effectuées dans le compte de 
réserve pour prêts douteux pour la période, qui indique le 
solde à la fin de la période précédente, les rentrées et les 
sorties pendant la période, et le solde à la fin de la période 
courante; 



b) un énoncé de principe relatif aux taux d'intérêt et aux con- 
ditions de remboursement des prêts consentis aux sociétai- 
res sous forme de première hypothèque sur des biens 
immeubles; 



(c) the amounts of the commitment to make advances on per- 
sonal and first mortgage loans on real estate; 



(d) contractual obligations that will require abnormal expendi- 
tures in relations to the credit union's normal business 
requirements or financial position; 



c) les montants des engagements à faire des avances sur les 
prêts personnels et sur les prêts garantis par une première 
hypothèque sur des biens immeubles; 

d) les obligations contractuelles qui nécessitent des dépenses 
inhabituelles par rapport aux besoins normaux de la caisse 
dans le cours de ses affaires ou par rapport à sa situation 
financière; 



Reg./Règl. 210 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 210 



(e) contractual obligations in respect of long term leases; 



(f) contingent liabilities stating their nature and, where practi- 
cable, the approximate amounts involved; 



(g) any restriction on the payment of dividends; 

(h) any event or transaction, to the extent it is not reflected in 
the financial statements, other than one in the normal 
course of business operations, that occurs between the date 
to which the financial statements are made up and the date 
of the auditors' report or if there is no auditor, the date of 
the supervisory committee's report; and 

(i) the amount of any obligation for pension benefits arising 
from service before the date of the financial year end, 
whether or not such obligation has been provided for in the 
accounts of the credit union, the manner in which the credit 
union proposes to satisfy such obligation and the basis on 
which it has charged or proposes to charge the related costs 
against operations. R.R.O. 1980, Reg. 195, s. 18. 



20. Despite sections 13 to 19, it is not necessary to state in the 
financial statements any matter that in all the circumstances is of rel- 
ative insignificance. R.R.O. 1980, Reg. 195, s. 19. 



MiSCEIXANEOUS 

21. The amount of the fee fixed by the by-laws of a credit union 
for a copy of the by-laws of the credit union under section 19 of the 
Act, shall not exceed $5. R.R.O. 1980, Reg. 195, s. 20. 



22. The amount that a credit union may pay, 

(a) under clause 37 (1) (a) of the Act is $5,000; and 

(b) under clause 37 (1) (b) of the Act is $5,000. R.R.O. 1980, 
Reg. 195, s. 21. 

23. Loans to corporations or partnerships who are members of a 
credit union shall be fully secured by a charge, mortgage, hypothec 
or pledge on real or personal property. R.R.O. 1980, Reg. 195, 
s. 22. 

24. A certificate of deposit insurance issued to a credit union 
under the provisions of subsection 111 (3) of the Act shall be in Form 
8. R.R.O. 1980, Reg. 195, s. 23. 

25. The longer period of time that is prescribed for the purposes 
of clause 84 (c) of the Act is thirty years. R.R.O. 1980, Reg. 195, 
s. 24. 



e) les obligations contractuelles découlant de baux à long 
terme; 

f) les éléments de passif éventuels, avec indication de leur 
nature et, si possible, des montants approximatifs qu'ils 
représentent; 

g) les restrictions apportées au paiement de dividendes; 

h) toute circonstance ou opération, autre que celles qui font 
partie du cours normal des affaires, qui n'apparaît pas aux 
états financiers, survenue entre la date à laquelle ceux-ci 
ont été établis et la date du rapport des vérificateurs ou la 
date du rapport du comité de surveillance, s'il n'y a pas de 
vérificateur; 

i) le montant de toute obligation pour des prestations de rente 
pour des services rendus avant la date de clôture de l'exer- 
cice, que cette obligation ait été prévue ou non dans les 
comptes de la caisse, la façon dont la caisse se propose de 
s'acquitter de cette obligation et la base sur laquelle elle 
s'appuie ou propose de s'appuyer pour imputer à ses opéra- 
tions les frais qui s'y rapportent. Règl. de l'Ont. 96/89, art. 
2, en partie, révisé. 

20 Malgré les articles 13 à 19, il n'est pas nécessaire d'exposer 
dans les états financiers les éléments qui, compte tenu de la situation 
globale, ont relativement peu d'importance. Règl. de l'Ont. 96/89, 
art. 2, en partie. 

Dispositions diverses 

21 Les droits fbcés par les règlements administratifs de la caisse, 
aux termes de l'article 19 de la Loi, pour obtenir une copie de ceux- 
ci, ne doivent pas dépasser 5 $. Règl. de l'Ont. 96/89, art. 2, en par- 
tie, révisé. 



22 Le montant que la caisse peut payer : 



a) en vertu de l'alinéa 37 (1) a) de la Loi, est de 5 000 $; 

b) en vertu de l'alinéa 37 (1) b) de la Loi, est de 5 000 $. Règl. 
de l'Ont. 96/89, art. 2, en partie, révisé. 

23 Les prêts consentis à des personnes morales ou à des sociétés 
en nom collectif qui sont sociétaires de la caisse sont pleinement 
garantis par une hypothèque, une charge ou un nantissement sur un 
bien meuble ou immeuble. Règl. de l'Ont. 96/89, art. 2, en partie. 

24 Le certificat d'assurance-dépôt délivré à la caisse aux termes 
du paragraphe 111 (3) de la Loi est rédigé selon la formule 8. Règl. 
de l'Ont. 96/89, art. 2, en partie. 

25 Pour l'application de l'alinéa 84 c) de la Loi, le délai maximal 
de remboursement est de trente ans. Règl. de l'Ont. 96/89, art. 2, en 
partie. 



Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210 

Schedule 

Fees 

1. For delivery of articles of incorporation, for filing and issue of a certificate $100 

2. For delivery of an amalgamation agreement, for filing and issue of a certificate 250 

3. For delivery of restated articles of incorporation, for filing and issue of a certificate 125 

4. For delivery of articles of amendment, for filing and issue of a certificate, 

(a) changing the name of a credit union 100 

(b) for any purpose other than that set out in clause (a) 125 

5. For an application for an order under subsection 121 (17) of the Act 100 

6. Upon filing an application for extra-provincial registration under section 142 of the Act 350 

7. Upon filing a by-law amendment to establish or redefine eligibility for credit union membership through common bonds of asso- 
ciation or otherwise 500 

8. For copies of documents on file under the Act in the Ministry, 

(a) for copies of papers, articles, by-laws and orders, 50 cents a page with minimum fee of $2 in respect of each credit union; 
and 

(b) for certification of copies of papers, articles, by-laws and orders, $10 in respect of each credit union. 

O. Reg. 145/86, s. 1. 
Form 1 
Credit Unions and Caisses Populaires Act 
ARTICLES OF INCORPORATION 
1 . The name of the credit union or caisse populaire is 



2. The head office is at the 

(status of municipality) 



of in the 

(name of municipality) (county or district) 

of 

(name of county or district) 

3. The address of the head office is 

(street and no. or R.R. no. and if multi-office building give room no.) 
(name of municipality or post office) 



4. The number of directors is 

5. The first directors are: 

Residence address, giving street and number 
Name in full, including all given names or R.R. no. and municipality or post office 



Reg./Règl. 210 CAISSES POPULAIRES ET CREDIT UNIONS Reg./Règl. 210 

Annexe 

Droits 

1. Dépôt de statuts constitutifs et délivrance du certificat 100 $ 

2. Dépôt d'une entente de fusion et délivrance du certificat 250 

3. Dépôt de statuts mis à jour et délivrance du certificat 125 

4. Dépôt de statuts modificatifs et délivrance du certificat : 

a) afin de modifier la dénomination de la caisse 100 

b) pour toute autre raison que celle indiquée à l'alinéa a) 125 

5. Demande d'un arrêté de dissolution en vertu du paragraphe 121 (17) de la Loi 100 

6. Dépôt d'une demande d'enregistrement extraprovincial en vertu de l'article 142 de la Loi 350 

7. Dépôt d'une modification à un règlement administratif en vue d'établir ou de redéfinir l'admissibilité en ce qui concerne l'adhé- 
sion à la caisse par le moyen notamment de liens communs d'association 500 

8. Copies de documents dont le ministère a la garde aux termes de la Loi : 

a) copies de documents, statuts, règlements administratifs et ordonnances : 0,50 $ la page avec un droit minimal de 2 $ en ce 
qui concerne chaque caisse; 

b) attestation de copies de documents, statuts constitutifs, règlements administratifs et ordonnances : 10 $ en ce qui con- 
cerne chaque caisse. 

Règl. de l'Ont. 96/89, art. 2, en partie, révisé. 

Formule 1 

Loi sur les caisses populaires et les credit unions 

STATUTS CONSTITUTIFS 

1. Dénomination de la caisse populaire ou credit union : 

2. Emplacement du siège social : 



(statut de la municipalité) 



de dans le 

(nom de la municipalité) 



(comté ou district) 



de. 



(nom du comté ou district) 



3. Adresse du siège social : 



(n" et rue ou route rurale et n" du bureau dans le cas d'un immeuble à bureaux) 



(nom de la municipalité ou du bureau de poste) 



4. Nombre d'administrateurs : 



5. Nom des premiers administrateurs : 



Nom et prénoms 



Adresse personnelle (indiquer le n° et la rue ou 

la route rurale et la municipalité ou 

le bureau de poste) 



Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210 

6. The objects for which 

(name of credit union or caisse populaire) 

is incorporated are the promotion of co-operative enterprise, the facilitating of the accumulation of savings and the creation of a source 
of credit for its members at conscionable rates of interest and the provision of full financial services for its members. 

(Specify here any powers set out in subsection 11 (2) of the Act which are to be withheld or limited and give details of any limitations.) 

7. The names and residence addresses of the incorporators are: 

Full residence address giving street and no. 
Full names, including all given names or R.R. no., municipality or post office 



These articles are executed in duplicate for delivery to the Minister. 

SIGNATURES OF INCORPORATORS 

AFFIDAVIT OF VERIFICATION 

PROVINCE OF ONTARIO IN THE MATTER OF THE CREDIT UNIONS AND 

CAISSES POPULAIRES ACT AND THE 
OF ARTICLES OF INCORPORATION OF 



To Wit: 



(name of credit union or caisse populaire) 



I, of the 

(full name of deponent) (status of municipality) 

of in the 

(name of municipality) (county or district) 

of in the province of , 

(name of county or district) (name of province) 

make oath and say that: 

1. I am 

of 

and have personal knowledge of the matters herein deposed to. 

2. Each of the incorporators signing the accompanying articles of incorporation in duplicate and each of the first directors named therein is 
of eighteen or more years of age. 

3. The signatures of the incorporators affbced to the articles are their true signatures. 

Sworn Before Me at the ) 

) 
of in the ) 

) 
of this ) 

) (signature of deponent) 
day of , 19.... ) 



(signature of Commissioner, Notary Public, etc.) 



R.R.O. 1980, Reg. 195, Form 1. 



10 



Reg./Règl. 210 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 210 



6. Les objets pour lesquels 



(dénomination de la caisse populaire ou credit union) 



est constituée sont les suivants : favoriser le mouvement coopératif, faciliter l'épargne, créer une source de crédit à l'intention des 
sociétaires à des taux d'intérêt raisonnables et leur offrir une gamme complète de services financiers. 

(Préciser les pouvoirs énumérés au paragraphe 11 (2) de la Loi qui ne s'appliquent pas ou qui s'appliquent d'une façon limitée et donner 
les détails de toute limitation.) 



7. Nom et adresse personnelle des fondateurs : 



Nom et prénoms 



Adresse personnelle (indiquer le n° et la rue ou 

la route rurale et la municipalité ou 

le bureau de poste) 



Les présents statuts sont faits en double exemplaire pour être remis au ministre. 

SIGNATURE DES FONDATEURS 



AFFIDAVIT 



PROVINCE DE L'ONTARIO 
DE 



EN CE OUI CONCERNE LA LOI SUR LES CAISSES 
POPULAIRES ET LES CREDIT UNIONS 
ET LES STATUTS CONSTITUTIFS DE 



A SAVOIR : 



Je soussigné(e), du/de la 

(nom et prénoms du/de la déclarant(e)) 

de situé(e) dans le .... 

(nom de la municipalité) 

de dans la province de . 

(nom du comté ou district) 

déclare sous serment que : 

1. Je suis 



(dénomination de la caisse populaire ou credit union) 
(statut de la municipalité) 
(comté ou district) 
(nom de la province) 



de 

et, à ce titre, j'ai une connaissance directe de ce qui suit. 

2. Les fondateurs dont la signature apparaît en double exemplaire sur les statuts constitutifs ci-joints et les premiers administrateurs qui y 
sont désignés sont âgés d'au moins dix-huit ans. 

3. Les signatures des fondateurs apposées aux statuts constitutifs sont authentiques. 

DÉCLARÉ sous SERMENT à/au 

de dans le/la 

de 

le 19.... 

(signature du commissaire, notaire, etc.) 



(signature du/de la déclarant(e)) 



Règl. de l'Ont. 96/89, art. 2, enpartie. 



11 



Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210 

Form 2 

Credit Unions and Caisses Populaires Act 

CERTIFICATE OF INCORPORATION 

Whereas an application for incorporation under the provisions of the Credit Unions and Caisses Populaires Act has been made to the Minister of 
Consumer and Commercial Relations by Articles of Incorporation in the prescribed form signed by the persons hereinafter named: 

And Whereas those persons have complied with the conditions precedent to the issuing of the desired certificate of incorporation; 

Now therefore, under the authority of the Act, I issue this certificate of incorporation constituting the following persons 

a corporation under the name of 

Given under my hand at the City of Toronto, this day of , 19 

Minister of Consumer and Commercial Relations 

R.R.O. 1980, Reg. 195, Form 2. 

Form 3 

Credit Unions and Caisses Populaires Act 

CERTIFICATE OF AMALGAMATION 

Whereas an application for a certificate of amalgamation under the provisions of the Credit Unions and Caisses Populaires Act has been made to 

the Ministerof Consumer and Commercial Relations by the parties to an amalgamation agreement date the day of , 19 

between 

(name of credit union or caisse populaire) 

and 

(name of credit union or caisse populaire) 

And Whereas the parties to the amalgamation agreement have complied with the conditions precedent to the issuing of the desired certificate of 
amalgamation; 



And Whereas the amalgamation agreement provides that the parties will amalgamate and continue under the name of 

(name of amalgamated 

and that the first directors of the amalgamated credit union or caisse populaire will be: 

credit union or caisse populaire) 

Residence address, giving street and number 
Name in full, including all given names or R.R. no. and municipality or post office 



Now therefore, under the authority of the Act, I issue this certificate of amalgamation. 

Given under my hand at the City of Toronto, this day of , 19 

Ministerof Consumer and Commercial Relations 
R.R.O. 1980, Reg. 195, Form 3. 



12 



Reg./Règl. 210 CAISSES POPULAIRES ET CREDIT UNIONS Reg./Règl. 210 

Formule 2 

Loi sur les caisses populaires et les credit unions 

CERTIFICAT DE CONSTITUTION 

Attendu qu'une demande de constitution en vertu de la Loi sur les caisses populaires et les credit unions a été présentée, au moyen de statuts 
constitutifs, au ministre de la Consommation et du Commerce selon la formule prescrite et a été signée par les personnes nommées ci-dessous : 

Et attendu que ces personnes ont rempli les conditions préalables à la délivrance du certificat demandé; 

Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de constitution. 

Les personnes suivantes : 

sont constituées en personne morale sous la dénomination de 



Signé à Toronto le 19 

Le ministre de la Consommation et du Commerce 

Règl. de l'Ont. 96/89, art. 2, en partie. 

Formule 3 

Loi sur les caisses populaires et les credit unions 

CERTIFICAT DE FUSION 

Attendu qu'une demande de certificat de fusion en vertu de la Loi sur les caisses populaires et les credit unions a été présentée au ministre de la 

Consommation et du Commerce par les parties à une entente de fusion conclue le 19 

entre 

(dénomination de la caisse populaire ou credit union) 

et 

(dénomination de la caisse populaire ou credit union) 

Attendu que les parties à l'entente de fusion ont rempli les conditions préalables à la délivrance du certificat demandé; 

Et attendu que l'entente de fusion prévoit que les parties fusionneront et poursuivront leurs activités sous la dénomination de 



la caisse populaire ou credit union résultant de la fusion) 



(dénomination de 
et que les premiers administrateurs de cette nouvelle caisse ou credit union seront : 



Adresse personnelle (indiquer le n" et la rue ou 
la route rurale et la municipalité ou 
Nom et prénoms le bureau de poste) 



Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de fusion. 

Signé à Toronto le 19 

Le ministre de la Consommation et du Commerce 
Règl. de l'Ont. 96/89, art. 2, en partie. 



Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210 

Form 4 

Credit Unions and Caisses Populaires Act 

ARTICLES OF AMENDMENT 

OF 

(name of credit union or caisse populaire) 

incorporated on 

(date of incorporation) 

1. Attached hereto is a certified copy of the special resolution amending the articles of the incorporation of . 



(name of credit union or 
caisse populaire) 



2. The special resolution was duly confirmed by at least two-thirds of the votes cast at a general meeting of the members of the credit union 
duly called for the purpose and held on the day of , 19 

3. All further authorizations required by the by-laws have been given. 

4. These articles are executed in duplicate for delivery to the Minister. 

Certified 

(name of credit union or caisse populaire) 

BY: 



(signature) (description of office) 

(signature) (description of office) 

(corporate seal) 

AFFIDAVIT OF VERIFICATION 

PROVINCE OF ONTARIO IN THE MATTER OF THE CREDIT UNIONS AND 

CAISSES POPULAIRES ACT AND THE 
OF ARTICLES OF AMENDMENT OF 



To Wit: 

(name of credit union or caisse populaire) 

I, of the 

(full name of deponent) (status of municipality) 



of in the 

(name of municipality) (county or district) 



of in the province of 

(name of province) 

make oath and say that: 

1. I am 

(description of office) 

of 

(name of credit union or caisse populaire) 

and as such have personal knowledge of the matters herein deposed to. 

2. The statements contained in the accompanying articles of amendment are true. 

3 

(name of credit union or caisse populaire) 

has complied with the requirements of the Credit Unions and Caisses Populaires Act and the conditions contained in its articles and by- 
laws. 



14 



Reg./Règl. 210 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 210 



Formule 4 

Loi sur les caisses populaires et les credit unions 

STATUTS MODIFICATIFS 

DE 



(dénomination de la caisse populaire ou credit union) 



constituée le 



(date de la constitution) 
1. Ci-inclus une copie certifiée conforme de la résolution spéciale qui modifie les statuts constitutifs de . 



(dénomination de la caisse 
populaire ou credit union) 



2. La résolution spéciale a été dûment confirmée par au moins deux tiers des voix exprimées lors d'une assemblée générale des sociétaires 
de la caisse dûment convoquée à cette fin et tenue le 19 

3. Toutes les autres autorisations exigées par les règlements administratifs ont été obtenues. 

4. Les présents statuts sont faits en double exemplaire pour être remis au ministre. 

Certifié 



PAR: 



(dénomination de la caisse populaire ou credit union) 
(signature) (fonction) 



(signature) (fonction) 



(sceau) 

PROVINCE DE L'ONTARIO 
DE 



AFFIDAVIT 



EN CE QUI CONCERNE LA LOI SUR LES CAISSES 
POPULAIRES ET LES CREDIT UNIONS 
ET LES STATUTS MODIFICATIFS DE 



Je soussigné(e) du/de la 

(nom et prénoms du/de la déclarant(e)) 



de situé(e) dans le .. 

(nom de la municipalité) 

de dans la province de 

déclare sous serment que : 



(dénomination de la caisse populaire ou credit union) 
(statut de la municipalité) 
(comté ou district) 
(nom de la province) 



1. Je suis 



(fonction) 



de. 



(dénomination de la caisse populaire ou credit union) 

et, à ce titre, j'ai une connaissance directe de ce qui suit. 

2. Les déclarations contenues dans les statuts modificatifs ci-joints sont exactes. 

3 

(dénomination de la caisse populaire ou credit union) 

s'est conformée aux exigences de la Loi sur les caisses populaires et les credit unions et a rempli les conditions prévues aux statuts consti- 
tutifs et aux règlements administratifs. 



15 



Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210 

Sworn Before Me at the ) 

) 
of in the ) 

) 
of this ) 

) (signature of deponent) 
day of , 19.... ) 



(signature of Commissioner, Notary Public, etc.) 



R.R.0. 1980, Reg. 195, Form 4. 



Form 5 

Credit Unions and Caisses Populaires Act 

CERTIFICATE OF AMENDMENT 

Whereas an application for articles of amendment under the provisions of the Credit Unions and Caisses Populaires Act has been made to the 

Minister of Consumer and Commercial Relations in the prescribed form by 

(name of credit union or caisse populaire) 

And Whereas all conditions precedent to the issuing of the desired articles of amendment have been complied with; 

Now therefore, under the authority of the Act, I issue this certificate of amendment. 

Given under my hand at the City of Toronto, this day of , 19 

Minister of Consumer and Commercial Relations 

R.R.0. 1980, Reg. 195, Form 5. 

Form 6 

Credit Unions and Caisses Populaires Act 

RESTATED ARTICLES OF INCORPORATION 

OF 

(name of credit union or caisse populaire) 

incorporated on 

(date of incorporation) 

1. These restated articles correctly set out without change the corresponding provisions of the original articles of incorporation as hereto- 
fore amended. 



2. The head office is at the , 

(status of municipality) 

of in the , 

(name of municipality) (county or district) 



of 



3. The address of the head office is 



(name of county or district) 

(street and no. or R.R. no. and if multi-office building 



give room no.) 



(name of municipality or post office) 



4. The number of directors is 



16 



Reg./Règl. 210 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 210 



DÉCLARÉ SOUS SERMENT à/au 



) 

) 

.de dans le/la ) 

) 



de 



(signature du commissaire, notaire, etc.) 



19.. 



(signature du/de la déclarant(e)) 



Règl. de l'Ont. 96/89, art. 2, en partie. 



Formule 5 

Loi sur les caisses populaires et les credit unions 

CERTIFICAT DE MODIFICATION 

Attendu qu'une demande de statuts modificatifs en vertu de la Loi sur les caisses populaires et les credit unions a été présentée au ministre de la 

Consommation et du Commerce, selon la formule prescrite, par 

(dénomination de la caisse populaire ou credit union) 

Et attendu que toutes les conditions préalables à la délivrance des statuts modificatifs demandés ont été remplies; 

Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de modification. 

Signé à Toronto le 19 

Le ministre de Ut Consommation et du Commerce 

Règl. de l'Ont. 96/89, art. 2, en partie. 

Formule 6 

Loi sur les caisses populaires et les credit unions 

STATUTS MIS À JOUR 

DE 



(dénomination de la caisse populaire ou credit union) 



constituée le 



(date de la constitution) 



1. Les présents statuts mis à jour reproduisent correctement et sans changement les dispositions correspondantes des statuts constitutifs 
initiaux tels qu'ils sont modifiés jusqu'à présent. 



2. Emplacement du siège social : 



de dans le 

(nom de la municipalité) 



de. 



3. Adresse du siège social : 



(statut de la municipalité) 

(comté ou district) 
(nom du comté ou district) 
(n° et rue ou route rurale et n" du bureau dans le cas d'un immeuble à bureaux) 



4. Nombre d'administrateurs : 



(nom de la municipalité ou du bureau de poste) 



17 



Reg./Règl. 210 



CREDIT UNIONS AND CAISSES POPULAIRES 



Reg./Règl. 210 



5. The objects for which , 



(name of credit union or caisse populaire) 

is incorporated are the promotion of co-operative enterprise, the facilitating of the accumulation of savings and the creation of a source 
of credit for its members at conscionable rates of interest and the provision of full financial services for its members. 

(Specify here any powers set out in subsection 11 (2) of the Act which are to be withheld or limited and give details of any such limita- 
tions.) 

These articles are executed in duplicate for delivery to the Minister. 



(name of credit union or caisse populaire) 



Certified 



BY: 



(signature) (description of office) 



(signature) (description of office) 



(corporate seal) 

PROVINCE OF ONTARIO 
OF 



AFFIDAVIT OF VERIFICATION 



IN THE MATTER OF THE CREDIT UNIONS AND 
CAISSES POPULAIRES ACT AND THE 
RESTATED ARTICLES OF INCORPORATION OF 



To Wit: 



of the. 



(full name of deponent) 

of in the 

(name of municipality) 

of in the province of 

(name of county or district) 

make oath and say that: 



(name of credit union or caisse populaire) 
(status of municipality) 
(county or district) 
(name of province) 



1. I am 



(description of office) 



of 



(name of credit union or caisse populaire) 
and as such have personal knowledge of the matters herein deposed to. 
2. The statements contained in the accompanying restated articles of incorporation are true. 



(name of credit union or caisse populaire) 

has complied with the requirements of the Credit Unions and Caisses Populaires Act and the conditions in its articles and by-laws. 
Sworn Before Me at the ) 

of in the 

of this 

day of , 19.... ) 

(signature of Commissioner, Notary Public, etc.) 



(signature of deponent) 



R.R.O. 1980, Reg. 195, Form 6. 



18 



Reg./Règl. 210 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 210 



5. Les objets pour lesquels 



(dénomination de la caisse populaire ou credit union) 



est constituée sont les suivants : favoriser le mouvement coopératif, faciliter l'épargne, créer une source de crédit à l'intention des 
sociétaires à des taux d'intérêt raisonnables et leur offrir une gamme complète de services financiers. 

(Préciser les pouvoirs énumérés au paragraphe 11 (2) de la Loi qui ne s'appliquent pas ou qui s'appliquent d'une façon limitée et donner 
les détails de toute limitation.) 

Les présents statuts sont faits en double exemplaire pour être remis au ministre. 



Certifié 



(sceau) 



(dénomination de la caisse populaire ou credit union) 



PAR: 



(signature) (fonction) 



(signature) (fonction) 



AFFIDAVIT 



PROVINCE DE L'ONTARIO 
DE 



EN CE QUI CONCERNE LA LOI SUR LES CAISSES 
POPULAIRES ET LES CREDIT UNIONS 
ET LES STATUTS MIS À JOUR DE 



À SAVOIR : 



Je soussigné(e), du/de la 

(nom et prénoms du/de la déclarant(e)) 

de situé(e) dans le .... 

(nom de la municipalité) 

de dans la province de . 

(nom du comté ou district) 

déclare sous serment que : 



(dénomination de la caisse populaire ou credit union) 
(statut de la municipalité) 
(comté ou district) 
(nom de la province) 



1. Je suis 



(fonction) 



de. 



(dénomination de la caisse populaire ou credit union) 

et, à ce titre, j'ai une connaissance directe dç ce qui suit. 

2. Les déclarations contenues dans les statuts mis à jour ci-joints sont exactes. 

3 

(dénomination de la caisse populaire ou credit union) 

s'est conformée aux exigences de la Loi sur les caisses populaires et les credit unions et a rempli les conditions prévues aux statuts consti- 
tutifs et aux règlements administratifs. 

Déclaré sous serment à/au 

de dans le/la 

de 

le 19.... 



(signature du/de la déclarant(e)) 



(signature du commissaire, notaire, etc.) 



Règl. de l'Ont. 631/90, art. 1. 



19 



Reg./Règl. 210 



CREDIT UNIONS AND CAISSES POPULAIRES 



Reg./Règl. 210 



Form? 

Credit Unions and Caisses Populaires Act 

RESTATED CERTIFICATE OF INCORPORATION 

Whereas an application for a restatement of articles of incorporation under the provisions of the Credit Unions and Caisses Populaires Act, has 

been made to the Minister of Consumer and Commercial Relations in the prescribed form by ; 

(name of credit union or caisse populaire) 

And Whereas all conditions precedent to the issuing of the desired restated certificate of incorporation have been complied with; 

Now therefore, under the authority of the Act, I issue this restated certificate of incorporation. 

Given under my hand at the City of Toronto, the day of , 19 

Minister of Consumer and Commercial Relations 

R.R.O. 1980, Reg. 195, Form 7. 

Forms 

Credit Unions and Caisses Populaires Act 

ONTARIO SHARE AND DEPOSIT INSURANCE CORPORATION 

CERTIFICATE OF DEPOSIT INSURANCE 

No. 

The Ontario Share and Deposit Insurance Corporation hereby certifies that the deposits of 



(name of credit union) 



(address of head office) 
are insured under the Credit Unions and Caisses Populaires Act to the extent required and provided for in that Act. 
Dated this day of , 19 



Chairman of the Board 



General Manager 
R.R.O. 1980, Reg. 195, Form 8; O. Reg. 96/89, s. 1. 
Form 9 
Credit Unions and Caisses Populaires Act 
APPLICATION FOR EXTRA-PROVINCIAL REGISTRATION 

Name of Credit Union 

Head Office Address 

Telephone Number: Area Code ( ) 

Date of Incorporation Province of Incorporation 

List Board of Directors and identify Officers: 

Name Residence Address Position Title 



20 



Reg./Règl. 210 CAISSES POPULAIRES ET C/îfD/T i/A'/OA'S Reg./Règl. 210 

Formule 7 

Loi sur les caisses populaires et les credit unions 

CERTIFICAT DE MISE À JOUR 

Attendu qu'une demande de mise à jour des statuts constitutifs, en vertu de la Loi sur les caisses populaires et les credit unions, a été présentée 

au ministre de la Consommation et du Commerce, selon la formule prescrite, par 

(dénomination de la caisse populaire ou credit union) 

Et attendu que toutes les conditions préalables à la délivrance du certificat demandé ont été remplies; 

Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de mise à jour. 

Signé à Toronto le 19 

Le ministre de la Consommation et du Commerce 

Règl. de l'Ont. 96/89, art. 2, en partie. 

Formule 8 

Loi sur les caisses populaires et les credit unions 

LA SOCIÉTÉ ONTARIENNE D'ASSURANCE DES ACTIONS ET DÉPÔTS 

CERTIFICAT D'ASSURANCE-DÉPÔTS 

N" 

La Société ontarienne d'assurance des actions et dépôts atteste par les présentes que les dépôts de 

(nom de la caisse populaire) 

(adresse du siège social) 
sont assurés en vertu de la Loi sur les caisses populaires et les credit unions dans la mesure nécessaire et prévue par cette loi. 

Fait le 19 Le président du conseil. 

Le directeur général, 

Règl. de l'Ont. 631/90, art. 2, en partie. 
Formule 9 
Loi sur les caisses populaires et les credit unions 
DEMANDE D'ENREGISTREMENT EXTRAPROVINCIAL 

Dénomination de la caisse 

Adresse du siège social 

Numéro de téléphone : Indicatif régional ( ) 

Date de la constitution Province de constitution 

Dresser la liste des membres du conseil d'administration et indiquer les dirigeants : 

Nom Adresse personnelle Titre du poste 



21 



Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210 

Resident Agent in Ontario: 

Name 

Business Address 

Telephone Number 

Has the credit union received an extra-provincial licence in any other jurisdiction or jurisdictions? (indicate where and when) 

If so, is such a licence still in force and when does it expire? 

Has the credit union ever been refused an extra-provincial licence in any jurisdiction? (If so, give details including reasons (if any) for such 
refusal) 

It is understood that, 

1. No credit union that is an extra-provincial corporation within the meaning of the Corporations Act (being a corporation incorporated 
otherwise than by or under the authority of an Act of the Legislature of Ontario), shall be licensed under that Act as an extra-provincial 
corporation unless it has first been registered under the Credit Unions and Caisses Populaires Act by the Director. 

2. If this application is granted, the credit union will be authorized to operate as a credit union in Ontario, but only for the limited pur- 
poses of, 

(a) registering mortgages, charges or other security in Ontario in respect of loans made by the credit union in the course of carrying 

on its business in ; and 

(name of province) 

(b) instituting civil actions in Ontario in respect of such loans, mortgages and other security. 

Signed: 

President 
Secretary 
(Corporate Seal) 

O. Reg. 744/83, s. 3. 



22 



Reg./Règl. 210 CAISSES POPULAIRES ET CREDIT UNIONS Reg./Règl. 210 

Mandataire résident de l'Ontario : 

Nom 

Adresse d'affaires 

N^de téléphone 

La caisse détient-elle un permis extraprovincial délivré par une autorité d'une autre compétence territoriale? (Préciser le lieu et la date) 

Si oui, ce permis est-il encore en vigueur et quand expire-t-il? 



Est-ce qu'une autorité d'une autre compétence territoriale a refusé de délivrer un permis extraprovincial à la caisse? (Si oui, préciser et donner 
les motifs du refus, le cas échéant) 



Il est entendu : 



1. Qu'aucune caisse qui est une personne morale extraprovinciale au sens de la Loi sur les personnes morales (c'est-à-dire une personne 
morale qui n'est pas constituée en vertu d'une loi de la Législature de l'Ontario) ne peut obtenir de permis en vertu de cette loi à titre de 
personne morale extraprovinciale à moins qu'elle ne soit d'abord enregistrée en vertu de la Loi sur les caisses populaires et les credit 
unions par le directeur. 

2. Que si la présente demande est agréée, la caisse sera autorisée à exercer les activités d'une caisse en Ontario, ses objets étant toutefois 
limités aux fins suivantes : 

a) enregistrement des hypothèques, charges ou autres sûretés en Ontario à l'égard de prêts consentis par la caisse dans le cours de 

ses activités en/au ; 

(nom de la province) 

b) introduction de poursuites au civil en Ontario à l'égard de ces prêts, hypothèques et autres sûretés. 

Signé par : 

Le président. 



Le secrétaire, 

(sceau) 

Règl. de l'Ont. 631/90, art. 2, enpartie. 



23 



Reg./Règl. 211 



CREDIT UNIONS AND CAISSES POPULAIRES 



Reg./Règl. 211 



REGULATION 211 
MATCHING ASSETS 

Prescribed Assets 

1. For the purposes of subsection 92 (1) of the Act, the following 
classes of assets are prescribed: 

1. Cash, including deposits with a bank listed in Schedule I or 
11 to the Bank Act (Canada), in Canada, a trust corporation 
registered under the Loan and Trust Corporations Act, the 
Province of Ontario Savings Office or a league provided 
that the deposits are callable within ninety days of the date 
of their issue at their issue price. 



Treasury bills or other obligations issued by Canada or a 
Province of Canada with a ninety day maturity or less. 



3. In the case of a credit union that is in regular receipt of 
deductions made from the payroll of any of its members, an 
amount equal to any such deductions that have been made 
and are in the course of being remitted. 

4. Unencumbered bonds, debentures or other obligations of 
or guaranteed by the Government of Canada or by the gov- 
ernment of a Province or Territory of Canada that are val- 
ued at market and that are held as assets on the 31st day of 
January, 1985, until maturity or until sold. 



In the case of a credit union or league that has a written 
investment policy that is duly authorized by its board of 
directors and which investment policy includes the main- 
taining of assets in the form of bankers' acceptances, dis- 
counted notes issued by banks and deposits and where the 
credit union or league prior to any merger has not entered 
into a rehabilitation agreement with a league or the Ontario 
Share and Deposit Insurance Corporation, bankers' accep- 
tances, discounted notes issued by a Canadian bank listed in 
Schedule I or II to the Bank Act (Canada) and deposits by a 
league in the Canadian Co-operative Credit Society Lim- 
ited or the Caisse Centrale Desjardins Quebec, provided 
that the bankers' acceptances or discounted notes are issued 
by an institution that is incorporated in Canada and that 
holds not less than an Rl Middle rating as classified by the 
Dominion Bond Rating Service. O. Reg. 62/85, s. 1, 
revised. 



Matching of Terms of Investments and Loans with 
Terms of Deposits 

2. The board of directors of each credit union shall at least once 
in each calendar year and not later than three months after the end 
of the fiscal year of the credit union approve a procedure for match- 
ing the terms of investments and loans with the terms of deposits of 
the credit union. O. Reg. 62/85, s. 2. 

3. The procedure referred to in section 2 shall include a method 
for matching, 

(a) assets with variable interest rates with comparable variable 
interest rate liabilities; 



(b) assets with a term to maturity of one year or less and their 
associated interest rates with terms to maturity of liabilities 
of one year or less and their associated interest rates; and 



RÈGLEMENT 211 
ÉLÉMENTS D'ACTIF CORRESPONDANTS 

Éléments d' actif prescrits 

1 Pour l'application du paragraphe 92 (1) de la Loi, les catégories 
suivantes d'éléments d'actif sont prescrites : 

1. L'argent comptant, y compris les dépôts auprès d'une ban- 
que mentionnée à l'annexe I ou II de la Loi sur les banques 
(Canada), d'une société de fiducie inscrite en vertu de la 
Loi sur les sociétés de prêt et de fiducie, de la Caisse 
d'épargne de l'Ontario ou d'une fédération, pourvu que ces 
dépôts soient remboursables dans les quatre-vingt-dix jours 
de la date de leur émission, au prix d'émission. 

2. Les bons du trésor ou autres obligations du gouvernement 
du Canada ou d'une province, si leur échéance est de qua- 
tre-vingt-dix jours ou moins. 

3. Un montant égal aux sommes retenues et qui sont en cours 
de versement, dans le cas d'une caisse qui reçoit régulière- 
ment des sommes retenues sur la feuille de paie de sociétai- 
res. 

4. Les obligations, debentures ou autres créances libres de 
toute charge émises par le gouvernement du Canada ou 
d'une province ou d'un territoire du Canada, ou garanties 
par eux, évaluées à leur valeur marchande et qui consti- 
tuent des éléments d'actif au 31 janvier 1985, jusqu'à leur 
échéance ou jusqu'à ce qu'elles soient vendues. 

5. Dans le cas d'une caisse ou d'une fédération qui possède 
des lignes de conduite écrites en matière de placements qui 
sont dûment autorisées par son conseil d'administration et 
qui comprennent le maintien d'éléments d'actif, sous forme 
d'acceptations de banque, de billets actualisés émis par des 
banques et de dépôts; et si la caisse ou la fédération, avant 
la fusion, s'il en est, a conclu une entente de réorganisation 
financière avec une fédération ou la Société ontarienne 
d'assurance des actions et dépôts, les acceptations de ban- 
que, les billets actualisés émis par une banque mentionnée à 
l'annexe I ou II de la Loi sur les banques (Canada) et les 
dépôts d'une fédération auprès de la Société canadienne de 
crédit coopératif Ltée ou de la Caisse centrale Desjardins 
du Québec, pourvu que les acceptations de banque ou les 
billets actualisés soient émis par un établissement constitué 
en personne morale au Canada qui possède au moins une 
cote «Rl Middle», selon la classification du «Dominion 
Bond Rating Service». Règl. de l'Ont. 484/90, art. 1, en 
partie, révisé. 

Correspondance entre la durée des placements et des prêts 
et celle des dépôts 

2 Au moins une fois par année civile, le conseil d'administration 
de chaque caisse approuve, au plus tard trois mois après la fin de 
l'exercice, un processus pour faire correspondre la durée des place- 
ments et des prêts et celle des dépôts de la caisse. Règl. de l'Ont. 
484/90, art. \, en partie. 

3 Le processus visé à l'article 2 comprend une méthode pour faire 
correspondre : 

a) les éléments d'actif à taux d'intérêt variables et les éléments 
de passif comparables à taux d'intérêt variables compara- 
bles; 

b) les éléments d'actif avec une échéance d'un an ou moins et 
les taux d'intérêt associés et les éléments de passif avec une 
échéance d'un an ou moins et les taux d'intérêt associés; 



24 



Reg./Règl. 211 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 213 



(c) the maturity and interest rates of term assets, other than 
those referred to in clauses (a) and (b), with comparable 
term on liabilities and associated interest rates. 



and shall be so established as to enable the credit union and the 
Director to constantly monitor the maturity dates of deposits and 
assets and their associated interest rates. O. Reg. 62/85, s. 3. 



4.— (1) The items referred to in clauses 3 (b) and (c) shall be 
matched where possible so that fixed rate assets are matched by 
deposits and other liabilities of a comparable term to an average 
annual level of 70 per cent. 



(2) Where it is not possible for a credit union to match assets and 
liabilities as set out in subsection (1), the credit union shall forthwith 
assess the effect that the lack of matching and changes in interest 
rates will make on the net income and reserves of the credit union. 



(3) Where the board of directors is of the opinion that the lack of 
matching will adversely affect the net income and reserves of the 
credit union it shall forthwith develop a procedure that will enable 
the credit union to comply with subsection (1) and shall advise the 
Director in writing of the procedures within thirty days of the estab- 
lishing of the procedure. O. Reg. 62/85, s. 4. 



c) l'échéance et les taux d'intérêt des éléments d'actif à terme, 
à l'exception de ceux visés aux alinéas a) et b), et l'échéance 
comparable des éléments de passif et des taux d'intérêt 
associés. 

Le processus est élaboré de façon à permettre à la caisse et au direc- 
teur de surveiller constamment les dates d'échéance des dépôts et 
des éléments d'actif et leurs taux d'intérêt associés. Régi, de l'Ont. 
484/90, art. \, en partie. 

4 (1) Les points visés aux alinéas 3 b) et c) doivent correspondre 
dans la mesure du possible de sorte que le niveau annuel moyen de 
correspondance entre les éléments d'actif à taux fixe et les dépôts et 
les autres éléments de passif d'une durée comparable soit de 70 pour 
cent. 

(2) Si la caisse ne peut faire correspondre les éléments d'actif et de 
passif comme le prévoit le paragraphe (1), la caisse évalue sans délai 
les conséquences que le défaut de correspondance et les change- 
ments en ce qui concerne les taux d'intérêt auront sur le bénéfice net 
et les réserves de la caisse. 

(3) Si le conseil d'administration est d'avis que le défaut de corres- 
pondance aura des conséquences défavorables sur le bénéfice net et 
les réserves de la caisse, il élabore sans délai un processus qui per- 
mettra à la caisse de satisfaire au paragraphe (1). Il avise le directeur, 
par écrit, du processus élaboré dans les trente jours qui en suivent 
l'élaboration. Règl. de l'Ont. 484/90, art. \,en partie. 



REGULATION 212 
MEMBERSHIP IN CREDIT UNION LEAGUES 

1. A league may accept into membership. 



(a) co-operative corporations incorporated, organized or regis- 
tered under provincial co-operative legislation or governed 
by such legislation; 

(b) corporations organized for charitable purposes; 

(c) corporations, no part of the income of which is payable to, 
or otherwise benefits personally, any shareholder or mem- 
ber thereof; and 

(d) corporations however incorporated (whether under the 
laws of Ontario or not) which in the opinion of the directors 
are operating as co-operative corporations. O. Reg. 
58/81, s. 1. 

2. A loan to any member of a league referred to in clause 1 (a), 
(b), (c) or (d) may be made only on such terms and conditions as are 
provided for in the by-laws of the league. O. Reg. 58/81, s. 2. 



REGLEMENT 212 
ADHÉSION AUX FÉDÉRATIONS DE CAISSES 

1 Une fédération peut accepter l'adhésion des organismes 
suivants : 

a) les coopératives constituées, organisées ou enregistrées en 
vertu d'une loi provinciale sur les coopératives ou régies par 
une telle loi; 

b) les personnes morales organisées à des fins charitables; 

c) les personnes morales dont aucun revenu n'est payable aux 
actionnaires ou aux sociétaires ou ne leur profite person- 
nellement d'une autre façon; 

d) les personnes morales, constituées de quelque façon que ce 
soit (en vertu des lois de l'Ontario ou non) qui, de l'avis des 
administrateurs, fonctionnent comme des coopératives. 
Règl. de l'Ont. 483/90, art. \, en partie. 

2 Un prêt à un membre d'une fédération visé à l'alinéa 1 a), b), c) 
ou d) n'est consenti qu'aux conditions prévues aux règlements 
administratifs de la fédération. Règl. de l'Ont. 483/90, art. 1, en 
partie. 



REGULATION 213 
MEMBERSHIP IN CREDIT UNIONS 

1. In this Regulation, "community credit union" means a credit 
union whose membership is open to all persons residing or working 
within a defined geographical area. R.R.O. 1980, Reg. 196, s. 1. 

2. Subject to the by-laws of the credit union. 



REGLEMENT 213 
ADHÉSION AUX CAISSES 

1 Pour l'application du présent règlement, le terme «caisse 
communautaire» s'entend d'une caisse à laquelle peuvent adhérer les 
personnes qui résident ou travaillent dans une zone géographique 
définie. Règl. de l'Ont. 482/90, art. l, en partie. 

2 Sous réserve des règlements administratifs de la caisse : 



25 



Reg./Règl. 213 



CREDIT UNIONS AND CAISSES POPULAIRES 



Reg./Règl. 214 



(a) a municipal corporation may become a member of, 

(i) a community credit union provided that the credit 
union has a place of business within the municipality, 
or 



a) une municipalité peut devenir sociétaire : 

(i) soit d'une caisse communautaire qui a un bureau 
dans la municipalité. 



(ii) a credit union provided that the credit union's defini- 
tion of membership includes employees of that 
municipal corporation; 

(b) a corporation may become a member of, 

(i) a community credit union provided that the corpora- 
tion has a place of business within the geographical 
confines of the credit union. 



(ii) soit d'une caisse qui, dans ses règles concernant 
l'adhésion, permet aux employés de la municipalité 
d'en être sociétaires; 

b) une personne morale peut devenir sociétaire : 

(i) d'une caisse communautaire qui a un bureau dans la 
zone géographique de la caisse. 



(ii) a credit union provided that the credit union's defini- 
tion of membership includes employees of that cor- 
poration, or 

(iii) a credit union provided that in case of, 

(A) a corporation with share capital, a majority of 
the voting shares are held by members of the 
credit union, or 

(B) a corporation without share capital, a major- 
ity of the members are members of the credit 
union; 

(c) a corporation having charitable, benevolent or cultural 
objects may become a member of a credit union provided 
that the credit union's definition of membership includes 
that corporation; 

(d) an unincorporated association or a partnership registered 
under the Business Names Act may become a member of. 



(i) a community credit union provided that the unincor- 
porated association or partnership is located within 
the geographical confines of the credit union, or 

(ii) a credit union provided that the majority of the 
members of the unincorporated association or the 
majority of the partners of the partnership are mem- 
bers of the credit union; and 



(ii) d'une caisse qui, dans ses règles concernant l'adhé- 
sion, permet aux employés de cette personne morale 
d'en être sociétaires, 

(iii) d'une caisse si, dans le cas : 

(A) d'une personne morale avec capital-actions, 
la majorité des actions avec droit de vote sont 
détenues par des sociétaires de la caisse, 

(B) d'une personne morale sans capital-actions, la 
majorité des membres sont sociétaires de la 
caisse; 

c) une personne morale qui poursuit des fins charitables, cul- 
turelles ou de bienfaisance peut devenir sociétaire d'une 
caisse qui le permet dans ses règles concernant l'adhésion; 



d) une association sans personnalité rnorale ou une société en 
nom collectif enregistrée conformément à la Loi sur les 
noms commerciaux peut devenir sociétaire : 

(i) d'une caisse communautaire si l'association ou la 
société est située dans la zone géographique de la 
caisse, 

(ii) d'une caisse, si la majorité de ses membres ou de ses 
associés sont sociétaires de la caisse; 



(e) a corporation or unincorporated association that is a trade 
union as defined in the Labour Relations Act may become a 
member of a credit union provided that the credit union's 
definition of membership is the same as the trade union or 
requires membership in the trade union. R.R.O. 1980, 
Reg. 196, s. 2. 

3. Where a corporation or an unincorporated association or a 
partnership registered under the Business Names Act is a member of 
a credit union, a loan to such member may be made only on such 
terms and conditions as are provided for in the by-laws of the credit 
union. R.R.O. 1980, Reg. 196, s. 3. 



e) une personne morale ou une association sans personnalité 
morale qui est un syndicat au sens de la Loi sur les relations 
de travail peut devenir sociétaire d'une caisse dont les règles 
concernant l'adhésion sont identiques à celles du syndicat 
ou exigent l'appartenance au syndicat. Règl. de l'Ont. 
482/90, art. l, en partie. 

3 La personne morale, l'association sans personnalité morale ou 
la société en nom collectif enregistrée en vertu de la Loi sur les noms 
commerciaux qui est sociétaire d'une caisse ne peut obtenir un prêt 
que conformément aux conditions prévues aux règlements adminis- 
tratifs de la caisse. Règl. de l'Ont. 482/90, art. \, en partie. 



REGULATION 214 

STABILIZATION FUNDS 

1. In this Regulation, 



'former OSDIC assessments" means those funds constituting the 
balance of assessments referred to in subsection 1 13 (1) of the Act 
including the accumulated net earnings thereon that were paid out 
by the Ontario Share and Deposit Insurance Corporation and 
placed in a stabilization fund. O. Reg. 151/87, s. 1. 



"deficit position" means a financial position where the liabilities 
including the capital subscribed as a condition of membership 
exceed the total tangible assets; 



2. No person shall disburse or cause or permit to be disbursed 
from a stabilization fund established by a league under the Act, for- 
mer OSDIC assessments or the accumulated net earnings thereon, as 



26 



Reg./Règl. 214 



CAISSES POPULAIRES ET CREDIT UNIONS 



Reg./Règl. 214 



they existed on the 1st day of March, 1987, except as set out in this 
Regulation. O. Reg. 151/87, s. 2. 

3.— (1) A league may disburse or cause the disbursement of for- 
mer OSDIC assessments or the accumulated net earnings thereon 
from a stabilization fund operated by it to a credit union, 

(a) up to an amount equal to the deficit of the credit union, 
where the credit union was on the 31st day of March, 1987 a 
member of that league and was in a deficit position; or 



and the credit union files with the league a certificate from the 
Ontario Share and Deposit Insurance Corporation that attests to the 
fact referred to in clause (a) or (b). 

(3) No disbursement shall be made to a credit union under clause 
(1) (b) unless the credit union files with the league a certificate from 
the Ontario Share and Deposit Insurance Corporation that states 
that the disbursement will assist the credit union in meeting the stan- 
dards of business and financial practices referred to in clause 
110 (1) (a) of the Act. O. Reg. 151/87, s. 3. 



(b) in order to assist the credit union in meeting the standards 
of business and financial practices referred to in clause 
112(1) (a) of the Act. 

(2) No disbursement shall be made to a credit union under clause 
(1) (a) unless, 

(a) the deposit insurance of the credit union is in good stand- 
ing; or 

(b) the deposit insurance of the credit union is not in good 
standing but will be restored to good standing if the dis- 
bursement is made by the league. 



4. A league may disburse or cause the disbursement of the accu- 
mulated net earnings from former OSDIC assessments to meet the 
operating and administrative expenses incurred in the operation of 
the stabilization fund operated by it. O. Reg. 151/87, s. 4. 

5. Where the credit unions referred to in section 3 are in a sound 
financial condition, there are no further disbursements required to 
finance the deficits of the credit unions and there are no outstanding 
orders respecting the credit unions under section 117 of the Act, the 
league to which the credit unions belong may use any remaining for- 
mer OSDIC assessments or the accumulated net earnings thereon for 
such purposes as are approved by a special resolution of the league. 
O. Reg. 151/87, s. 5. 



27 



Reg./Règl. 215 



Reg./Règl. 216 



Crop Insurance Act (Ontario) 
Loi sur l 'assurance-récolte (Ontario) 



REGULATION 215 



REGULATION 216 



ARBITRATION PROCEEDINGS 



1.— (1) The Crop Insurance Arbitration Board is continued. 



(2) It shall consist of one or more members appointed by the 
Lieutenant Governor in Council. R.R.O. 1980, Reg. 197, s. 1, 
revised. 



2. The Lieutenant Governor in Council may designate one of the 
members of the Board as chair. R.R.O. 1980, Reg. 197, s. 2. 



3. The Board has exclusive jurisdiction to hear and determine all 
disputes between the Commission and an insured person, arising out 
of the adjustment of a loss under a contract of insurance. R.R.O. 
1980, Reg. 197, s. 3, revised. 

4. If the Commission and an insured person have failed to resolve 
any dispute arising out of the adjustment of a loss under a contract of 
insurance, and all requirements respecting the filing of proof of loss 
forms have been complied with, the Commission or the insured per- 
son may serve, by prepaid first class mail, notice of arbitration upon 
the other of them, and upon the Board, stating that the matter in dis- 
pute is to be determined by arbitration. R.R.O. 1980, Reg. 197, 
s. 4, revised. 

5. A notice of arbitration referred to in section 4 shall be served 
within one year of the day of filing of the proof of loss form. 
O. Reg. 81/84, s. 1. 

6. Where a notice of arbitration has been served in accordance 
with sections 4 and 5, the Board shall fbc a day and a time when and a 
place where it will consider the matter in dispute and hear the par- 
ties, and shall notify the parties accordingly. O. Reg. 81/84, s. 2. 

7. On the day, and at the time and place so fixed, or on any sub- 
sequent day and at any time and place of which the parties have had 
due notice, the Board shall hear the evidence given on behalf of the 
parties respecting the matter in dispute referred to it, and shall make 
an award thereon. R.R.O. 1980, Reg. 197, s. 6. 

8. The decision of a majority of its members is the decision of the 
Board, and if there is no majority, the decision of the chair governs. 
R.R.O. 1980, Reg. 197, s. 1, revised. 



9. The Board may sit at any place in Ontario. 
Reg. 197, s. 8. 



R.R.O. 1980, 



10. All orders, notices and other documents of the Board shall be 
signed by the chair or in the event of his or her absence or inability to 
act, or if there is no chair at the time, by any other member of the 
Board and when so signed shall have like effect as if signed by the 
chair. R.R.O. 1980, Reg. 197, s. 9. 

11. In the event of the absence or inability to act of any member, 
or in the case of a vacancy in the Board, the remaining member or 
members may exercise the powers of the Board. R.R.O. 1980, 
Reg. 197, s. 10. 



CROP INSURANCE PLAN FOR APPLES 

1. The plan in the Schedule is established for the insurance within 
Ontario of apples. R.R.O. 1980, Reg. 198, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1 . This plan may be cited as "The Ontario Crop Insurance Plan for 
Apples". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of apples resulting from one or more of the 
perils designated in section 4. 



Definitions 



3. In this plan. 



"apples" means all varieties of apples produced in Ontario but does 
not include crabapples; 

"average yield" means the average total orchard production of the 
insured person over the preceding six years allowing for, 

(a) age of trees, 

(b) biennial bearing, 

(c) tree removal, and 

(d) change in acreage. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Freeze injury. 

4. Frost. 

5. Hail. 

6. Unavoidable pollination failure. 

7. Hurricane or tornado damage. 

Crop Year 

5. The crop year for apples is the period from the 1st day of 
December in any year to the 30th day of November next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for apples shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 



29 



Reg./Règl. 216 



CROP INSURANCE 



Reg./Règl. 216 



(b) the application for insurance; 

(c) the production guarantee report; 

(d) where applicable, the extended coverage endorsement in 
Form 3; 

(e) where applicable, the extended coverage endorsement in 
Form 2; and 

(f) an amendment to any document referred to in clause (a), 
(b), (c), (d) or (e) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of, 

(i) $100, or 

(ii) one-quarter of the premium payment made by the 
insured person for the previous crop year, 

whichever is the greater, or 

(iii) an amount to be determined by the Commission; 
and 

(c) be filed with the Commission not later than the 1st day of 
December in the crop year in respect of which it is made. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of December in the crop year during which the 
cancellation is to be effective or on or before such other date as may 
be determined from time to time by the Commission. 

Coverage 

9.— (1) Subject to subsections (2) and (3), the coverage provided 
under a contract of insurance is 73 per cent of the average yield as 
determined by the Commission multiplied by the established price. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 76 per cent. 

2. Following the second no claim year, to 78 per cent. 

3. Following the third no claim year, to a maximum of 80 per 
cent. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except that where a claim 
occurs in a year when the coverage is 73 per cent, the coverage shall 
be reduced to a minimum of 70 per cent. 

(4) Where the insured crop is damaged by hail or frost and the 
actual harvested yield exceeds the average yield, the coverage pro- 
vided shall be the sum of percentage of the average yield determined 
under this section and the same percentage of the excess yield har- 
vested, but in no case shall the maximum indemnity exceed that for 
which the Commission is otherwise liable. 

10.— (1) The established price for apples is, 

(i) 7 cents. 



(ii) 9 cents, or 
(iii) 11 cents, 
per pound. 

(2) Subject to subsection (3), the established price per pound 
shall, 

(a) be selected by an applicant at the time a contract of insur- 
ance is made or upon renewal of such contract; and 

(b) apply in each succeeding crop year during which the con- 
tract is in force. 

(3) Where, 

(a) the insured person applies therefor in writing prior to the 
1st day of December in the crop year; and 

(b) the Commission consents in writing, 

any established price designated in subsection (1) may be substituted 
for the established price selected by the insured person at the time a 
contract of insurance is made or for any substitution made under this 
subsection. 

11. The maximum indemnity for which the Commission is liable 
under a contract of insurance shall be the amount obtained by multi- 
plying the total guaranteed production determined under section 9 
by the established price per pound determined under section 10. 

Premiums 

12.— (1) The total premium payable in the crop year is, 

(a) where the level of coverage is 70 per cent, 17.3 per cent; 

(b) where the level of coverage is 73 per cent, 16.8 per cent; 

(c) where the level of coverage is 76 per cent, 16.2 per cent; 

(d) where the level of coverage is 78 per cent, 15.7 per cent; 
and 

(e) where the level of coverage is 80 per cent, 14.5 per cent, 

of the guaranteed production in pounds multiplied by the established 
price. 

(2) Despite subsection (1), where the guaranteed production 
exceeds 600,000 pounds, the premium payable shall be reduced as 
follows: 



Guaranteed Production 


Premium 




Discount 


Up to 600,000 pounds 


0% 


600,001 to 1,200,000 pounds 


10% 


1,200,001 to 1,800,000 pounds 


20% 


1,800,001 to 2,400,000 pounds 


30% 


2,400,001 to 2,500,000 pounds 


33% 


2,500,001 to 2,600,000 pounds 


36% 


2,600,001 to 2,700,000 pounds 


39% 


2,700,001 to 2,800,000 pounds 


42% 


2,800,001 to 2,900,000 pounds 


45% 


2,900,001 to 3,000,000 pounds 


48% 


over 3,000,000 pounds 


50% 



(3) Despite subsections (1) and (2), the minimum premium pay- 
able by an insured person in each crop year is $100. 

(4) The premium prescribed in subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 



30 



Reg./Règl. 216 



ASSURANCE-RECOLTE 



Reg./Règl. 216 



13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, to 
the Commission at the time the production guarantee report pre- 
scribed by section 14 is returned to the Commission. 

Production Guarantee Report 

14. The Commission shall prepare and deliver a production guar- 
antee report in the form prescribed by the Commission to each 
insured person in each crop year and the insured person shall sign a 
copy thereof and return it to the Commission. R.R.O. 1980, Reg. 
198, Sched.; O. Reg. 768/81, ss. 1-4; O. Reg. 37/83, s. 1; O. Reg. 
754/83, ss. 1, 2; O. Reg. 796/83, ss. 1, 2; O. Reg. 647/85, ss. 1-7; 
O. Reg. 675/86, ss. 1, 2; O. Reg. 222/88, s. 1; O. Reg. 730/88, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



of the first part 



— and— 



of the of 



in the County (or as the case may be) of 

hereinafter referred to as "THE INSURED PERSON", 

of the second part 

Whereas the insured person has applied for crop insurance on 
apples under The Ontario Crop Insurance Plan for Apples, hereinaf- 
ter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, where in a crop year the insured 
person suffers a loss in the production of apples resulting from one or 
more of the perils designated in the plan, the Commission, subject to 
the terms and conditions hereinafter set forth, agrees to indemnify 
the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Insured Crop 

1. In this contract, "insured crop" means all varieties of apples 
produced in Ontario but does not include crabapples. 

Causes of Loss Not Insured Against 

2. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated by the 



insured person in Ontario, and, subject to subparagraph (2), this 
contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

Crop Year 

4.— (1) All insured acreage shall be harvested unless the Commis- 
sion, upon application therefor in writing, consents in writing to the 
abandonment or destruction of the insured crop or any part thereof 
and, in such case, the Commission shall determine, 

(a) the potential production of the unharvested acreage; and 

(b) whether the harvesting was prevented by one or more of 
the perils insured against. 

(2) Where an insured person fails to obtain the consent of the 
Commission in accordance with subparagraph (1), no indemnity shall 
be paid in respect of the unharvested acreage. 

Evaluation of Loss 

5.— (1) The amount of loss that shall be taken into account in the 
final adjustment of loss in respect of the total insured acreage shall 
be calculated by multiplying the difference between the guaranteed 
production and the actual production by the established price per 
pound. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) the total orchard run of all insured acreage; and 

(b) the potential production of wholly or partially unharvested 
acreage where the failure to harvest resulted from a cause 
of loss not insured against. 

(3) If the insured crop or any part of it has suffered hail, freeze, 
frost, hurricane or tornado damage to such an extent that the grade 
has been reduced from Canada Fancy to Juice Grade, for the pur- 
pose of subparagraph (1), the actual production is the total of the 
actual undamaged production and a fraction of the actual damaged 
production calculated under subparagraph (4). 

(4) The fraction of the actual damaged production shall be calcu- 
lated as follows: 

(Juice Grade price per pound less 2e) 
(3 X Juice Grade price per pound) 

(5) Where the actual production of the insured crop or any part 
thereof has been adjusted as a result of hail or frost damage and such 
crop or part thereof is subsequently sold as a grade superior to that 
upon which the adjustment was based, the actual production shall be 
readjusted accordingly. 

Notice of Loss or Damage 

6. -(1) Where, 

(a) loss or damage to the insured crop occurs; or 

(b) the insured crop or any part thereof is or is intended to be 
sold on a pick-your-own basis, 

the insured person shall notify the Commission in writing prior to 
harvest in order that a pre-harvest inspection may be made. 

(2) Despite subparagraph (1), where loss or damage to the 
insured crop occurs, the insured person shall notify the Commission 
in writing within the following time limits: 



31 



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CROP INSURANCE 



Reg./Règl. 216 



1. For hail or hurricane or tornado damage, within three days 
of the time of loss. 

2. For frost damage or freeze injury affecting the quality of 
the fruit, within three days of the time of loss. 

(3) Where the insured person fails to notify the Commission 
under subparagraphs (1) and (2), a claim by the insured person is 
invalid and the insured person's right to indemnity is forfeited. 

Misrepresentation, Vioiation of Conditions or Fraud 

7. Where the insured person, 

(a) in the application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of a right to indem- 
nity under this contract in respect of the insured crop but an assign- 
ment is not binding on the Commission and no payment of indemnity 
shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Adjustment of Loss 

11.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 



(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 

Proof of Loss 

12.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by an authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on failure or refusal to do so, by an assignee under an 
assignment made in accordance with paragraph 10. 

(4) Where required by the Commission the information given in a 
proof of loss form shall be verified by statutory declaration. 

Arbitration 

13. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

14.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under the contract at an earlier date. 

Subrogation 

15. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

16. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 



32 



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ASSURANCE-RECOLTE 



Reg./Règl. 216 



Notice 

17.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be served by per- 
sonal delivery or by mailing it to the insured person's last known 
address on file with the Commission. 

(3) Where a written notice is mailed, it shall be deemed to be 
served three days after it is mailed. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 

this day of 



,19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 198, Form 1; O. Reg. 768/81, s. 5; O. Reg. 
37/83, s. 2; O. Reg. 6/85, ss. 1, 2; O. Reg. 647/85, s. 8; O. Reg. 
222/88, s. 2; O. Reg. 15/90, s. 1. 

Form! 

Crop Insurance Act (Ontario) 
EXTENDED COVERAGE ENDORSEMENT 



Definitions 



1. In this Form, 



"gross production" means the total damaged and undamaged pro- 
duction of the insured crop at each separate orchard; 

"insured crop" means all varieties of apples, except crabapples, pro- 
duced in Ontario; 

"separate farms" means farms, whether adjoining or not, that have 
different addresses or different legal descriptions; 

"separate orchards" means orchards that are operated by the same 
insured person, that are located on separate farms and that have 
yields that can be maintained separately. 

Terms and Conditions 

2.— (1) This endorsement provides for insurance against a loss in 
the grade of apples resulting from hail damage to separate orchards. 

(2) Each separate orchard is insured under this endorsement on 
an individual basis. 

(3) The only insurable peril under this endorsement is hail. 

(4) In order to qualify for coverage under this endorsement, the 
insured person shall offer for insurance all separate orchards that are 
planted to the insured crop and that are operated by that person in 
Ontario. 

(5) This endorsement is in force where the insured person applies 
for insurance in Form 1 of this plan, applies for the extended cover- 
age offered under this endorsement and pays the premium pre- 
scribed by paragraph 9. 

Application 

3. An insured person may make application for extended coverage 
up until the time that the production guarantee report is completed 
and the premium is paid by the insured. 



4. The extended coverage under this endorsement may be can- 
celled by the insured person by notice in writing to the Commission 
on or before the 10th day of June in the crop year during which the 
cancellation is to take effect. 

Coverage 

5.— (1) The coverage provided under this endorsement shall be the 
same as that set out in subsections 9 (1), (2) and (3) of the Schedule. 

(2) Subsection 9 (4) of the Schedule does not apply to this 
endorsement. 

6. The established price for apples shall be the same as that set out 
in section 10 of the Schedule. 

7. The maximum indemnity for which the Commission is liable 
under a contract of insurance in Form 1 and insurance provided by 
this endorsement is the amount obtained by multiplying the total 
guaranteed production determined under section 9 of the Schedule 
by the established price per pound set out in section 10 of the Sched- 
ule. 

8. For the purposes of this endorsement, an indemnity for a sepa- 
rate orchard shall be payable only where 10 per cent or more of the 
insured crop in the separate orchard is damaged by hail. 

Premiums 

9.— (1) The total premium payable in the crop year for both the 
contract of insurance in Form 1 and this endorsement is, 

(a) where the level of coverage is 70 per cent, 20.65 per cent; 

(b) where the level of coverage is 73 per cent, 20.40 per cent; 

(c) where the level of coverage is 76 per cent, 20.10 per cent; 

(d) where the level of coverage is 78 per cent, 19.85 per cent; 

(e) where the level of coverage is 80 per cent, 19.25 per cent, 

of the guaranteed production in pounds multiplied by the established 
price. 

(2) The premium prescribed by subparagraph (1) includes pay- 
ments in respect of premiums made by the Government of Canada 
under the Crop Insurance Act (Canada). 

10. The total premium payable under this endorsement shall be 
paid by the insured person at the time the contract of insurance for 
this endorsement is finalized between the Commission and the 
insured person. 

11. The volume discount set out in subsection 12 (2) of the Sched- 
ule does not apply to premiums payable for this endorsement. 

Evaluation of Loss 

12. — (1) The amount of loss respecting the insured acreage for 
each separate orchard shall be calculated by multiplying the follow- 
ing together: 

1. The established price per pound as set out in section 10 of 
the Schedule. 

2. The percentage of loss that is calculated under subpara- 
graph (3). 

3. The lesser of the actual production or the guaranteed pro- 
duction, as determined by the Commission. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) the total orchard run from each separate orchard; and 

(b) the potential production of wholly or partially unharvested 



33 



Reg./Règl. 216 



CROP INSURANCE 



Reg./Règl. 217 



acreage where the failure to harvest resulted from a cause 
of loss not insured against under this endorsement. 

(3) Where the insured crop or any part of it has suffered hail 
damage to such an extent that tjie grade has been reduced from 
Canada Fancy to Juice Grade, the percentage of loss due to hail 
damage, for the purpose of subparagraph (1), is: 



Actual 

Damaged x 1 
Production 



Juice Grade 
per pound less 2c 
3 X Juice Grade 
price per pound 



X 100 



Gross production 



(4) In order to determine the reduction in grade by hail, the Com- 
mission shall calculate the hail counts as close to harvest as possible. 

Notice of Lx)ss or Damage 

13. Where loss or damage to the insured crop occurs, the insured 
person shall notify the Commission immediately in writing. 
O. Reg. 222/88, s. 4; O. Reg. 730/88, s. 2; O. Reg. 15/90, s. 2. 

Form 3 

Crop Insurance Act {Ontario) 
EXTENDED COVERAGE ENDORSEMENT 

Terms and Conditions 

1.— (1) In this endorsement the coverage for apples insured under 
the plan shall be deemed to be extended to producing and non-pro- 
ducing trees in accordance with paragraph 5. 

(2) This endorsement is in force where the insured person applies 
therefor and pays the prescribed premium. 

(3) The coverage in force and indemnity and premiums payable 
under this endorsement are in addition to any prescribed by the plan. 

Designation of Perils 

2. In addition to the perils designated under the plan, the following 
are designated as perils for the purposes of this endorsement: 

1. Ice damage. 

2. Virus disease for which there is no effective control pro- 
gram. 

3. Any other adverse weather condition. 

3. An application for extended coverage shall be made by the 1st 
day of December preceding the crop year in respect of which cover- 
age under the plan is requested. 

Extent of Insurance 

4.— (1) The insured person shall offer for insurance all trees being 
used to produce the insured crop or that are being grown to produce 
the insured crop and, subject to subparagraph (2), this endorsement 
applies to all such trees. 

(2) This endorsement does not apply to and no indemnity is pay- 
able in respect of trees, 

(a) in the year of planting; 

(b) that are diseased, or that for any other reason in the opin- 
ion of the Commission, are not insurable; or 

(c) of a total insurable value of less than $3,000 according to 
the Table. 



Coverage 

5.— (1) Subject to subparagraph (2), the coverage provided under 
this endorsement is the value per tree in accordance with the Table 
multiplied by the number of insured trees. 

(2) Coverage of 50 per cent of that provided under subparagraph 
(1) may be selected by the insured person at the time of application. 

Premiums 

6.— (1) Subject to subparagraph (2), the premium payable by the 
insured person in the crop year under this endorsement is 1 per cent 
of the coverage provided. 

(2) The minimum premium payable by an insured person in the 
crop year under this endorsement is $200. 

(3) An insured person shall pay a premium deposit of $200 at the 
time of application for extended coverage. 

7. For the purposes of this endorsement, a loss shall be deemed to 
have occurred where, 

(a) 500 trees; or 

(b) 3 per cent of the total number of trees insured, 

whichever is fewer, are damaged by one or more of the insured perils 
to the extent that the trees are of no further value. 

Notification of Loss 

8. Any loss or damage must be reported to the Commission as 
soon as it becomes apparent and in no case will any indemnity be 
paid in respect of trees removed prior to inspection by the Commis- 



TABLE 



Categories 


Coverage 
per Tree 


Where the trees are 2 or 3 years of age 


$ 8 


Where the trees are 4 years of age or older and 
there are 250 or more trees per acre 


$12 


Where the trees are 4 years of age or older and 
there are 60 or more, but not more than 249, 
trees per acre 


$15 


Where the trees are from 4 to 9 years of age 
inclusive and there are fewer than 60 trees per 
acre 


$18 


Where the trees are 10 years of age or older and 
there are fewer than 60 trees per acre 


$40 



O. Reg. 754/83, s. 5; O. Reg. 82/84, s. 2; O. Reg. 6/85, s. 3; 
O. Reg. 647/85, s. 11; O. Reg. 675/86, s. 3; O. Reg. 222/88, s. 3; 
O. Reg. 730/88, s. 3. 



REGULATION 217 
CROP INSURANCE PLAN FOR ASPARAGUS 

1. The plan in the Schedule is established for the insurance within 
Ontario of asparagus. O. Reg. 353/84, s. 1. 



34 



Reg./Règl. 217 



ASSURANCE-RECOLTE 



Reg./Règl. 217 



Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Asparagus". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of asparagus resulting from one or more of the 
perils designated in section 4. 



Dehnitions 



3. In this plan. 



"asparagus" means asparagus produced in Ontario from plants that 
are four years of age or older; 

"average farm yield" means the average of previous yields of the 
producing acreage computed on the basis of acreage production 
records of the insured person or on such other basis as the Com- 
mission approves. 

Designation of Perii.s 

4.— (1) Subject to subsection (2), the following are designated as 
perils for the purposes of this plan: 

1. Drought. 

2. Excessive heat. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wind. 

10. Cool weather. 

(2) The contract of insurance does not insure against a loss in the 
production of asparagus in a crop year resulting from insect infesta- 
tion or plant disease unless the insured person establishes that a rec- 
ommended control program during the crop year was followed. 

5. The crop year for asparagus is the period from the 1st day of 
April in any year to the 15th day of July next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for asparagus shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for asparagus in Form 1 ; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 



7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of at least $100; and 

(c) be filed with the Commission not later than the 1st day of 
August of the preceding year. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of August prior to the crop year during which the 
cancellation is to be effective. 

Coverage 

9.— (1) The initial coverage provided under a contract of insurance 
shall be 70 per cent of the average farm yield in pounds of the total 
producing acres of asparagus grown by the insured person. 

(2) If there is no claim in a year, the coverage provided under a 
contract of insurance for the next following year shall be as follows, 

(a) where the coverage for the year in which there was no claim 
was 65 per cent, 70 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person; 

(b) where the coverage for the year in which there was no claim 
was 70 per cent, 75 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person; 

(c) where the coverage for the year in which there was no claim 
was 75 per cent, 80 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person; 

(d) where the coverage for the year in which there was no claim 
was 80 per cent, 80 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person. 

(3) If there is a claim in a year, the coverage provided under a 
contract of insurance for the next following year shall be as follows, 

(a) where the coverage for the year in which there was a claim 
was 80 per cent, 75 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person; 

(b) where the coverage for the year in which there was a claim 
was 75 per cent, 70 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person; 

(c) where the coverage for the year in which there was a claim 
was 70 per cent, 65 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person; 

(d) where the coverage for the year in which there was a claim 
was 65 per cent, 65 per cent of the average farm yield in 
pounds of the total producing acres of asparagus grown by 
the insured person. 

(4) Despite subsection (3), if the amount of a claim paid in a year 



35 



Reg./Règl. 217 



CROP INSURANCE 



Reg./Règl. 217 



is less than one-half of that year's total premium, the coverage for 
the following year shall remain unchanged. 

(5) The number of pounds calculated for the purposes of subsec- 
tions (1), (2) and (3) constitutes the total guaranteed production 
under a contract of insurance. 

(6) If the Commission is of the opinion that the insured person 
cannot provide adequate production records, it shall determine the 
average farm yield on the basis of such other acreage production 
records as it considers appropriate. 

10. For the purposes of this plan, the established price per pound 
for asparagus in a crop year is an amount equal to one-half of the 
minimum price per pound for asparagus negotiated for that crop year 
by the Ontario Asparagus Growers' Marketing Board. 

11. Subject to subparagraph 4 (2) of Form 1, the maximum 
amount for which the Commission is liable for a loss in production 
under a contract of insurance shall be the amount obtained by multi- 
plying the total guaranteed production determined under section 9 
by the established price per pound determined under section 10. 

Premiums 

12.— (1) The total premium is $26 per acre. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

13.— (1) Where a contract of insurance is in force, the premium 
shall be paid in respect of each crop year in which the insured person 
produces asparagus. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit pre- 
scribed by subsection (3), to the Commission at the time of filing the 
final acreage report prescribed by section 14. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of August in 
the preceding crop year, pay a premium deposit in accordance with 
clause 7 (b). 

Final Acreage Report 

14.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 



(2) The form mentioned in subsection (1) shall, 

(a) record the total number of producing acres; and 

(b) be filed by the 15th day of April of the crop year to which it 
relates. 

(3) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

15.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report and adjustment of premium made 
by the Commission under subsection (1) unless the insured person 
notifies the Commission in writing that the insured person rejects the 
revision and adjustment within ten days after the Commission notifi- 
cation is served on the insured person. 



(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

16.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; 

(b) declare the insured acreage to be nil; or 

(c) cancel the contract with no refund of premium deposit. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A mailed report is considered served three days after it is 
mailed. O. Reg. 353/84, Sched.; O. Reg. 659/87, s. 1; O. Reg. 
460/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

ASPARAGUS ENDORSEMENT 

Whereas the insured person has applied for crop insurance under 
The Ontario Crop Insurance Plan for Asparagus, hereinafter 
referred to as "the plan" and has paid the deposit premium pre- 
scribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover asparagus produced in Ontario. 

Harvesting of Producing Acreage 

1. All producing asparagus acreage shall be harvested in a crop 
year unless the Commission, upon application therefor in writing, 
consents in writing to the abandonment or destruction of the insured 
crop or any part thereof. 

Evaluation of Loss 

2.— (1) Where loss or damage occurs prior to harvest, the Com- 
mission, upon application therefor in writing by the insured person, 
may consent in writing to the destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall determine 
the number of damaged acres and the potential thereof. 

(2) Where the damaged acreage is abandoned or destroyed in 
accordance with subparagraph (1), the amount of loss that shall be 
taken into account in the final adjustment of loss in respect of the 
insured acreage shall be calculated by multiplying the difference 
between the guaranteed production for the damaged acreage and the 



36 



Reg./Règl. 217 



ASSURANCE-RECOLTE 



Reg./Règl. 218 



potential production for the damaged acreage determined under sub- 
paragraph (1) by the established price per pound. 

(3) Where the damaged acreage is not abandoned or destroyed 
after the Commission has consented thereto, the amount of loss cal- 
culated under subparagraph (2) shall not be taken into account in the 
final adjustment of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total producing acreage shall be calculated by multiply- 
ing the difference between the guaranteed production and the actual 
production by the established price per pound. 

Notice of Loss or Damage 

3.— (1) Where loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission forthwith by telephone and shall 
confirm in writing within twenty-four hours of such time. 

(3) Where the loss or damage to the insured crop occurs after 
planting and it appears, or ought reasonably to appear, to the 
insured person before the completion of harvesting of the insured 
crop that the production of the insured crop may thereby be reduced, 
the insured person shall, as soon as the loss or damage is apparent, 
notify the Commission in writing forthwith. 

Final Adjustment of Loss for Total Producing Acreage 

4.— (1) The indemnity payable with respect to the total acreage in 
the final adjustment of loss shall be the sum of all loss calculations 
made under paragraphs 3, 4 and 5 applicable to such acreage, but 
where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 5 shall be reduced by the amount obtained by multiplying such 
excess by the established price per pound. 

(2) The maximum indemnity payable in respect of any claim shall 
not exceed the result obtained by subtracting the actual production, 
or 25 per cent of the average farm yield, whichever is greater, from 
the total guaranteed production. 

Incorrect Acreage in Final Acreage Report 

5.— (1) Where the actual producing acreage of asparagus in a crop 
year is less than the producing acreage declared on the final acreage 
report, the total guaranteed production and the amount of insurance 
shall be reduced proportionately and there shall be no refund of pre- 
mium. 

(2) Where the actual producing acreage of asparagus in a crop 
year exceeds the acreage declared on the final acreage report, the 
total guaranteed production shall remain unchanged. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its General Manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at , 
this day of 



.,19., 



Duly Authorized 
Representative 



General Manager 
O. Reg. 353/84, Form 1; O. Reg. 659/87, s. 2. 



REGULATION 218 

CROP INSURANCE PLAN FOR BLACK TOBACCO 

1. The plan in the Schedule is established for the insurance within 
Ontario of black tobacco. R.R.O. 1980, Reg. 200, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Black Tobacco". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of black tobacco resulting from one or more of 
the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"black tobacco" means black tobacco grown in Ontario under con- 
tract to a processor. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wind. 



37 



Reg./Règl. 218 



CROP INSURANCE 



Reg./Règl. 218 



Designation of Crop Year 

5. The crop year for black tobacco is the period from the 1st day of 
March in any year to the 1st day of May in the year next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for black tobacco shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for black tobacco in Form 1; 

(c) the application for insurance; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of at least $100; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made or not 
later than such other date as may be determined from time 
to time by the Commission. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made unless it is terminated in accordance 
with the regulations. 

(2) Despite subsection (1), the contract does not insure against 
and no indemnity shall be paid in respect of any loss or damage 
which occurs prior to noon on the 24th day of May in the crop year. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted^ Actual 2 rActual_ /Average , -, \~| 
Yield Yield 3 L Yield V Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual 
Yield Yield 



r /Average ^ q .^X Actual "| 
LV Yield ■ / Yield J 



10.— (1) Subject to subsections (2) and (3), the coverage provided 
under a contract of insurance shall be 70 per cent of the average farm 
yield in pounds of the total acreage seeded to black tobacco by the 
insured person in accordance with the regulations. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 73 per cent of the aver- 
age farm yield. 



2. Following the second no claim year, to 76 per cent of the 
average farm yield. 

3. Following the third no claim year, to 78 per cent of the 
average farm yield. 

4. Following the fourth no claim year, to a maximum of 80 per 
cent of the average farm yield. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2) to a minimum of 70 per cent 
of the average farm yield. 

(4) The number of pounds determined under subsections (1), (2) 
and (3) constitute the total guaranteed production under a contract 
of insurance. 

(5) Where in the opinion of the Commission the insured person 
cannot provide adequate production records, the average farm yield 
shall be determined by the Commission on such other basis as it may 
approve. 

11. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 by the established price per pound prescribed in sec- 
tion 12. 

12. For the purposes of this plan, the established price per pound 
for black tobacco in a crop year is an amount equal to 70 per cent of 
the price per pound for black tobacco as established for that crop 
year by contract with the processor. 

Premiums 

13.— (1) The total premium payable is $130 per acre. 

(2) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

Final Acreage Reports 

14. — (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage is completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

15.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and in such 
case shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 



38 



Reg./Règl. 218 



ASSURANCE-RECOLTE 



Reg./Règl. 218 



notice under subsection (2), constitute the final acreage report for 
the crop year. 

16.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. R.R.O. 1980, Reg. 200, Sched.; O. Reg. 
376/81, ss. 1, 2; O. Reg. 307/83, s. 1; O. Reg. 573/83, s. 1; O. Reg. 
464/84, ss. 1, 2; O. Reg. 490/87, s. 1; O. Reg. 307/89, s. 1; O. Reg. 
339/90, s. 1. 

Form 1 

Crop Insurance Act {Ontario) 

BLACK TOBACCO ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
black tobacco under The Ontario Crop Insurance Plan for Black 
Tobacco, hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act {Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover black tobacco. 

Harvesting of Planted Acreage 

1. All acreage planted to black tobacco in a crop year shall be har- 
vested unless the Commission, upon application therefor in writing, 
consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Evaluation of Loss 

2.— (1) Where loss or damage to a half acre or more of the insured 
crop occurs prior to the 15th day of June in a crop year, the Commis- 
sion, upon application therefor in writing by the insured person, may 
consent in writing to, 

(a) one replanting of the damaged acreage and, in such case, 
the replanting shall be completed not later than the 15th 
day of June in the crop year or not later than such other 
date as may be determined from time to time by the Com- 
mission; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof. 

(2) Where the damaged acreage is replanted in accordance with 
subparagraph (1), the Commission shall pay a supplementary benefit 



to the insured person calculated at the rate of $125 for each replanted 
acre. 

(3) Where the damaged acreage is replanted to black tobacco, 
the contract of insurance shall continue to apply to such replanted 
acreage. 

(4) The total number of acres in respect of which a replanting 
benefit is paid in a crop year shall not in any case exceed the total 
number of insured acres. 

(5) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(1) (b), the amount of loss that shall be taken into account in the 
final adjustment of loss in respect of the total planted acreage shall 
be calculated by muhiplying the difference between the guaranteed 
production and the potential production for the damaged acreage by 
the established price per pound. 

(6) Where the damaged acreage is not used for any other pur- 
poses or the crop is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (5) shall not be taken into account in the final adjustment 
of loss. 

(7) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per pound. 

Final Adjustment of Loss for Total Planted Acreage 

3. The indemnity payable with respect to the total planted acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
applicable to such acreage, but where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable shall be reduced by the amount obtained by multi- 
plying such excess by the established price per pound. 

Incorrect Acreage in Final Acreage Report 

4.— -(1) Where the actual seeded acreage of the insured crop in a 
crop year is less than the seeded acreage declared on the final acre- 
age report, the guaranteed production and the amount of insurance 
shall be reduced proportionately. 

(2) Where the actual seeded acreage of the insured crop in a crop 
year exceeds the seeded acreage declared on the final acreage report, 
the production from the total seeded acreage shall be counted and 
there shall be no increase in the total guaranteed production or the 
maximum amount of indemnity payable. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated 
this day of .... 



.,19., 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 200, Form 1; O. Reg. 464/84, s. 3; O. Reg. 
490/87, s. 2. 



39 



Reg./Règl. 219 



CROP INSURANCE 



Reg./Règl. 219 



REGULATION 219 

CROP INSURANCE PIAN FOR 
BURLEY TOBACCO 

1. The plan in the Schedule is established for the insurance within 
Ontario of hurley tobacco. R.R.O. 1980, Reg. 201, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Burley Tobacco". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of burley tobacco resulting from one or more 
of the perils designated in section 4. 



Definitions 



3. In this plan. 



"average farm yield" means the average of previous yields of the 
planted acreage computed by the Commission on the basis of acre- 
age production records of the insured person or on such other 
basis as the Commission determines; 

"burley tobacco" means tobacco grown in Ontario under authoriza- 
tion of The Ontario Burley Tobacco Growers' Marketing Board. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wind. 

Designation of Crop Year 

5. The crop year for burley tobacco is the period from the 1st day 
of March in any year to the 1st day of May in the year next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for burley tobacco shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for burley tobacco in Form 1; 

(c) the application for insurance; and 

(d) any amendment to a document referred to in clause (a), (b) 
or (c) agreed upon in writing. 



7. An application for insurance shall, 

(a) be in a Form provided by the Commission; 

(b) be accompanied by the total premium; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made or not 
later than such other date as may be determined from time 
to time by the Commission. 

8. Where required by the Commission, an insured person shall 
direct the Ontario Burley Tobacco Growers' Marketing Board to 
deduct the premium payable under this plan from the proceeds of the 
sale of the crop and to remit the amount deducted to the Commis- 
sion. 

Duration of Contract 

9.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made unless it is terminated in accordance 
with the regulations. 

(2) Despite subsection (1), the contract does not insure against 
and no indemnity shall be paid in respect of any loss or damage 
which occurs prior to noon on the 24th day of May in the crop year. 

Coverage 

10.— (1) Subject to subsections (2) and (3), the coverage provided 
under a contract of insurance shall be 70 per cent of the average farm 
yield in pounds of the total acreage seeded to burley tobacco by the 
insured person in accordance with the regulations. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 73 per cent of the aver- 
age farm yield. 

2. Following the second no claim year, to 76 per cent of the 
average farm yield. 

3. Following the third no claim year, to 78 per cent of the 
average farm yield. 

4. Following the fourth no claim year, to a maximum of 80 per 
cent of the average farm yield. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2) to a minimum of 70 per cent 
of the average farm yield. 

(4) The number of pounds determined under subsections (1), (2) 
and (3) constitute the total guaranteed production under a contract 
of insurance. 

(5) Where in the opinion of the Commission the insured person 
cannot provide adequate production records, the average farm yield 
shall be determined by the Commission on such other basis as it may 
approve. 

11. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 by the established price per pound prescribed in sec- 
tion 12. 

12. For the purposes of this plan, the established price per pound 
for burley tobacco is 70 per cent of the negotiated price. 

Premiums 

13.— (1) The total premium is $150 per acre. 



40 



Reg./Règl. 219 



ASSURANCE-RECOLTE 



Reg./Règl. 220 



(2) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

(3) Despite subsections (1) and (2), the minimum premium pay- 
able by the insured person in a crop year is $25. R.R.O. 1980, Reg. 
201, Sched.; O. Reg. 375/81, ss. 1, 2; O. Reg. 308/83, s. 1; O. Reg. 
572/83, s. 1; O. Reg. 463/84, ss. 1-3; O. Reg. 491/87, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

BURLEY TOBACCO ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
burley tobacco under The Ontario Crop Insurance Plan for Burley 
Tobacco, hereinafter referred to as "the plan", and has paid the 
deposit premium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover burley tobacco. 

Harvesting of Planted Acreage 

1. All acreage planted to burley tobacco in a crop year shall be 
harvested unless the Commission, upon application therefor in writ- 
ing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Evaluation of Loss 

2.— (1) Where loss or damage occurs prior to the 15th day of June 
in a crop year, the Commission, upon application therefor in writing 
by the insured person, may consent in writing to, 

(a) one replanting of the damaged acreage and, in such case, 
the replanting shall be completed not later than the 15th 
day of June in the crop year or not later than such other 
date as may be determined from time to time by the Com- 
mission; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof; 

(2) Where the damaged acreage is replanted in accordance with 
subparagraph (1), the Commission shall pay a supplementary benefit 
to the insured person calculated at the rate of $200 for each replanted 
acre or part thereof. 

(3) Where the damaged acreage is replanted to burley tobacco, 
the contract of insurance shall continue to apply to such replanted 
acreage. 

(4) The total number of acres in respect of which a replanting 
benefit is paid in a crop year shall not in any case exceed the total 
number of insured acres. 

(5) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(1) (b), the amount of loss that shall be taken into account in the 
final adjustment of loss in respect of the total planted acreage shall 
be calculated by multiplying the difference between the guaranteed 
production and the potential production for the damaged acreage by 
the established price per pound. 



(6) Where the damaged acreage is not used for any other pur- 
poses or the crop is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (5) shall not be taken into account in the final adjustment 
of loss. 

(7) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per pound. 

Final Adjustment of Loss for Total Planted Acreage 

3. The indemnity payable with respect to the total planted acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
applicable to such acreage, but where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable shall be reduced by the amount obtained by multi- 
plying such excess by the established price per pound. 

Variation in Planted Acreage 

4. Where the actual planted acreage of the insured crop is less than 
the acreage stated in the application, the insured person shall, not 
later than the 1st day of August, notify the Commission in writing 
and the total guaranteed production and the maximum amount of 
indemnity shall be reduced proportionately. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



..19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 201, Form 1; O. Reg. 463/84, s. 4; O. Reg. 
491/87, s. 2. 



REGULATION 220 
CROP INSURANCE PLAN FOR CARROTS 

1. The plan in the Schedule is established for the insurance within 
Ontario of carrots. O. Reg. 217/82, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Carrots". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of carrots resulting from one or more of the 
perils designated in section 4. 



41 



Reg./Règl. 220 



CROP INSURANCE 



Reg./Règl. 220 



Definitions 
3. In this plan, 
"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"bushel" means 50 pounds; and 

"carrots" means carrots grown in Ontario, 

(a) for processing under a contract between a grower and a 
processor, and 

(b) on acreage or for tonnage specified in such contract, or 

(c) for sale on the fresh market. 

Designation of Perils 

4.— (1) Subject to subsection (2), the following are designated as 
perils for the purposes of this plan: 

1. Drought. 

2. Excessive rainfall. 

3. Flood. 

4. Frost. 

5. Hail. 

6. Insect infestation. 

7. Plant disease. 

8. Wildlife. 

9. Wind. 

(2) This contract does not insure against a loss in the production 
of carrots in a crop year resulting from insect infestation or plant dis- 
ease unless the insured person establishes that a recommended con- 
trol program was followed during the crop year. 

5. The crop year for carrots is the period from the 1st day of March 
in any year to the 31st day of October next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for carrots shall be deemed to be composed of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for carrots in Form 1 ; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 



7.— (1) An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of at least $100; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

(2) Premium deposits prescribed by clause (1) (b) shall not be 
refundable unless no acreage is planted to carrots. 

Duration of Contract 

8. — (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual 2 rActual_ /Average ^ , 3 \"| 
Yield 3 L Yield \ Yield ' /J 



Yield 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted^ Actual ^ 2 F/ Average ^ q y\_ Actual "1 
Yield Yield 3 L\ Yield ' / Yield J 



10.— (1) Subject to subsections (2), (3) and (4), the coverage pro- 
vided under a contract of insurance shall be 70 per cent of the aver- 
age farm yield in bushels of the total acreage seeded to carrots by the 
insured person in accordance with the regulations. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 73 per cent of the aver- 
age farm yield. 

2. Following the second no claim year, to 76 per cent of the 
average farm yield. 

3. Following the third no claim year, to 78 per cent of the 
average farm yield. 

4. Following the fourth no claim year, to a maximum of 80 per 
cent of the average farm yield. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except that where a claim 
occurs in a year where the coverage is 70 per cent, the coverage shall 
be reduced to a minimum of 65 per cent. 

(4) Where, in any year, a claim is paid in an amount less than 



42 



Reg./Règl. 220 



ASSURANCE-RECOLTE 



Reg./Règl. 220 



one-half the total premium for that year, the coverage for the follow- 
ing year shall remain unchanged. 

(5) The number of bushels determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

11. For the purpose of this plan, the established price for carrots is, 

(a) $1.60 per bushel; or 

(b) $2 per bushel. 

12. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 by the established price per bushel prescribed in 
section 11. 

Premiums 

13.— (1) Subject to subsection (2), the total premium is, 

(a) $176 per acre where the established price is $1.60 per 
bushel; or 

(b) $220 per acre where the established price is $2 per bushel. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
seeds acreage to carrots. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit pre- 
scribed by subsection (3), to the Commission at the time of filing the 
final acreage report prescribed by section 15. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of May in 
the crop year, pay a premium deposit in accordance with clause 
7 (1) (b). 

Final Acreage Report 

15.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the seeding of acreage to carrots is com- 
plete. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

16.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 



(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

17.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of the final acreage 
report, if one is prepared, on the insured person either by personal 
delivery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Date for Seeding 

18. For the purposes of this plan, the final date for seeding in a 
crop year is the 30th day of June or such other date as may be deter- 
mined from time to time by the Commission. O. Reg. 217/82, 
Sched; O. Reg. 271/83, ss. 1-3; O. Reg. 461/84, ss. 1-4; O. Reg. 
293/85, ss. 1-5; O. Reg. 326/87, ss. 1, 2; O. Reg. 324/88, s. 1; 
O. Reg. 300/89, s. 1; O. Reg. 469/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

CARROT ENDORSEMENT 

Whereas the insured person has applied for crop insurance under 
The Ontario Crop Insurance Plan for Carrots, hereinafter referred to 
as "the plan", and has paid the deposit premium prescribed there- 
under; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover carrots. 

Harvesting of Planted Acreage 

1. All acreage planted to carrots in a crop year shall be harvested 
unless the Commission, upon application therefor in writing, con- 
sents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 



Evaluation of Loss 



2.-(l) Where, 



(a) all the acres intended to be planted to spring grown crops 
are offered for insurance, 

(i) where the spring grown crops intended to be planted 



43 



Reg./Règl. 220 



CROP INSURANCE 



Reg./Règl. 220 



include onions, by the 1st day of April in the crop 
year in the case, or 

(ii) where the spring grown crops intended to be planted 
do not include onions, by the date required by the 
regulations in the case; 

(b) the insured person so elects on the application for insurance 
and pays the premium deposit required by the regulations 
for each spring grown crop intended to be planted; and 

(c) the planting, 

(i) in the case of systematically tile drained land, of 
three acres or more, or 

(ii) in the case of land that is not systematically tile 
drained, of six acres or more, 

is prevented by one or more of the designated perils, 

an indemnity shall be paid, 

(d) in the case of systematically tile drained land, for each acre; 
or 

(e) in the case of land that is not systematically tile drained, for 
each acre in excess of three, 

that remains unplanted, the amount of which shall be equal to one- 
third of the guaranteed production per acre of the crop highest in pri- 
ority on the list in the Table of those intended to be planted and 
insured by the insured person multiplied by the established price 
applicable to that crop. 

(2) This paragraph does not apply to, and no indemnity is pay- 
able in respect of land, 

(a) that is orchard land, pasture, woodland, seeded to a peren- 
nial crop, fall sown or intended for summer fallow; 

(b) that is untilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(3) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, 

during the planting season in the area where the insured acreage is 
situate. 

3.— (1) Where loss or damage to one acre or more of carrots 
resulting from an insured peril occurs prior to the final date for plant- 
ing in the crop year, the Commission, upon application therefor in 
writing by the insured person, may consent in writing to the replant- 
ing of the damaged acreage. 

(2) Where the damaged acreage is replanted to a spring grown 
crop in accordance with subparagraph (1), the Commission shall pay 
an indemnity equal to the cost of materials used in replanting to a 
maximum of $300 for each acre replanted and the contract of insur- 
ance shall continue to apply to such acreage. 

(3) The total number of acres of carrots in respect of which a 
replanting benefit is paid in a crop year shall not in any case exceed 
the total number of insured acres planted to carrots. 

4.— (1) Where loss or damage occurs prior to harvest, the Com- 



mission, upon application therefor in writing by the insured person, 
may consent in writing to the use of the damaged acreage for any 
other purpose or to the abandonment or destruction of the insured 
crop on such damaged acreage and in such case shall determine the 
number of damaged acres and the potential production thereof. 

(2) Where damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accordance with 
subparagraph (1), the amount of loss that shall be taken into account 
in the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the difference between the guaran- 
teed production for the damaged acreage and the potential produc- 
tion for the damaged acreage determined under subparagraph (1) by 
the established price per bushel. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per bushel. 

(5) Acreage harvested before the crop thereon is mature shall be 
deemed to have yielded at least the guaranteed production unless the 
crop has been appraised by the Commission as provided in Form 1 of 
Regulation 256 of Revised Regulations of Ontario, 1990. 

Notice of Loss or Damage 

5. Where loss or damage to the insured crop occurs, the insured 
person shall notify the Commission forthwith by telephone and shall 
confirm in writing within twenty-four hours of such time. 

Final Adjustment of Loss for Total Planted Acreage 

6.— (1) The indemnity payable with respect to the total planted 
acreage in the final adjustment of loss shall be the sum of the losses 
calculated under paragraphs 2, 3 and 4 applicable to such acreage 
but, subject to subparagraph (2), where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable shall be reduced by the amount obtained by multi- 
plying such excess by the established price per bushel. 

(2) Despite subparagraph (1), no indemnity paid under para- 
graphs 2 and 3 shall be subject to reduction under this paragraph. 

(3) In no case shall indemnity be paid for acreage in excess of the 
total insured acreage. 

Damage After Harvest 

7. No indemnity shall be paid in respect of any loss or damage suf- 
fered by the insured crop after combining and in no case shall any 
indemnity be paid with respect to carrots in storage. 

Incorrect Acreage in Final Acreage Report 

8.— (1) Where the actual seeded acreage of carrots in a crop year is 
less than the seeded acreage declared on the final acreage report, the 
guaranteed production shall be decreased proportionately in calcu- 
lating whether there has been a loss and the actual production shall 
be used in calculating the average production for purposes of deter- 
mining coverage for the following crop year and there shall be no 
refund of premium. 



44 



Reg./Règl. 220 



ASSURANCE-RECOLTE 



Reg./Règl. 221 



(2) Where the actual seeded acreage of carrots in a crop year 
exceeds the seeded acreage declared on the final acreage report, the 
actual production shall be used in calculating whether there has been 
a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 

TABLE 



Crops in Order of Priority 



1. Onions grown from seed 

2. Onions grown from sets 

3. Spanish onions 

4. Carrots 



In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.19. 



Duly Authorized 
Representative 



General Manager 



O. Reg. 217/82, Form 2; O. Reg. 271/83, s. 4; O. Reg. 461/84, s. 5; 
O. Reg. 293/85, s. 7; O. Reg. 508/86, s. 1; O. Reg. 326/87, ss. 3, 4. 



REGULATION 221 
CROP INSURANCE PLAN FOR COLOURED BEANS 

1. The plan in the Schedule is established for the insurance within 
Ontario of coloured beans. R.R.O. 1980, Reg. 204, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Coloured Beans". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of coloured beans resulting from one or more 
of the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 



circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"coloured beans" means beans grown from seeds packed and 
marked pursuant to the Seeds Act (Canada) of the following varie- 
ties, 

(a) Azuki, 

(b) Black Turtle Soup, 

(c) Cranberry, 

(d) Kidney, 

(e) Pinto, 

(f) Yellow-eye, 

(g) Dutch Brown, 

(h) Great White Northern, 

and such other varieties as may be declared insurable from time to 
time by the Commission; 

"hundredweight" means 100 pounds of coloured beans, the moisture 
content of which is not more than 18 per cent and the damage or 
foreign material content of which is not more than 2 per cent. 

Designation of Peril.s 

4. The following are designated perils for the purposes of this plan: 

1 . Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for coloured beans is the period from the 1st day 
of March in any year to the last day of February next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for coloured beans shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for coloured beans in Form 1; 

(c) the application for insurance; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 



45 



Reg./Règl. 221 



CROP INSURANCE 



Reg./Règl. 221 



7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of $1 per acre; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual 2 rActual_ /Average ^ j 3 \~| 
Yield Yield 3 L Yield \ Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual , 2 F /Average ^ ^\_ Actual ~| 
Yield Yield sLV Yield ' / Yield J 



10.— (1) Subject to subsections (4) and (5), the initial coverage 
provided under a contract of insurance shall be 75 per cent of the 
average farm yield in pounds of the total acreage planted to coloured 
beans by the insured person. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in pounds of the total acreage planted to 
coloured beans by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be. 



(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in pounds of the total acreage planted to 
coloured beans by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

11. For the purposes of this plan, the established price per hun- 
dredweight for coloured beans is, 

(a) $14; 

(b) $17; or 

(c) $20. 

12. -(1) Where, 

(a) the insured person applies therefor in writing on or before 
the 1st day of May in a crop year; and 

(b) the Commission consents in writing, 

any established price designated in section 11 may be substituted for 
the established price selected by the insured person at the time a con- 
tract of insurance is made, or any established price substituted in lieu 
thereof under this section. 

(2) Where, upon any renewal, the insured person fails to select 
an established price under subsection (1), the Commission may des- 
ignate the established price applicable to the contract for the crop 
year. 

13. The maximum indemnity payable for a loss in production of 
coloured beans in a crop year is the amount obtained by multiplying 
the total guaranteed production determined under section 10 by the 
established price per hundredweight determined under section 11. 

Premium 

14.— (1) The total premium is, 

(a) $23 per acre where the established price is $14 per hundred- 
weight; 

(b) $28 per acre where the established price is $17 per hundred- 
weight; or 

(c) $32.80 per acre where the established price is $20 per hun- 
dredweight. 



46 



Reg./Règl. 221 



ASSU R ANCE-RECOLTE 



Reg./Règl. 221 



(2) Despite subsection (1), the total premium is 80 per cent of the 
total premium set out in subsection (1) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person for coloured beans exceed any indemnity 
paid. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

15.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to coloured beans. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time of filing the final acreage report 
prescribed by section 16. 

Final Acreage Report 

16.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage to coloured 
beans is completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

17.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

18.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 



sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Planting Date 

19. For the purposes of this plan, the final date for planting col- 
oured beans in a crop year is the 1st day of July or such other date as 
may be determined from time to time by the Commission. 

20. All acreage planted to coloured beans shall be insured under 
one contract. R.R.O. 1980, Reg. 204, Sched.; O. Reg. 304/81, s. 1; 
O. Reg. 92/82, ss. 1-4; O. Reg. 215/82, s. 1; O. Reg. 44/83, ss. 1, 2; 
O. Reg. 141/84, ss. 1-3; O. Reg. 288/85, ss. 1-5; O. Reg. 320/87, 
ss. 1-3; O. Reg. 223/88, s. 1; O. Reg. 303/89, s. 1; O. Reg. 475/90, 
s. 1. 

Foniil 

Crop Insurance Act (Ontario) 

COLOURED BEAN ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
coloured beans under The Ontario Crop Insurance Plan for Col- 
oured Beans, hereinafter referred to as "the plan", and has paid the 
deposit premium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover coloured beans. 

Harvesting of Planted Acreage 

1.— (1) All acreage planted to coloured beans in a crop year shall 
be harvested as coloured beans unless the Commission, upon appli- 
cation therefor in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) Where in a crop year any planted acreage is harvested after 
the 31st day of October, the guaranteed production for the unhar- 
vested acreage shall be reduced by 2 percentage points per day until 
such acreage is harvested to a maximum of 50 per cent. 

(3) Where the harvesting of any planted acreage is not completed 
and the failure to harvest was not caused by an insured peril, the con- 
tract of insurance shall cease to apply to such unharvested acreage 
and no indemnity shall be payable therefor. 

Evaluation of Loss 

2.— (1) An indemnity shall be paid for the acreage set out in sub- 
paragraph (2) in the amount set out in subparagraph (3), where, 

(a) all of the acres planted to the crops listed in the Table are 
offered for insurance; 

(b) the insured person elects the indemnity on the application 
for insurance; 

(c) the insured person pays a premium deposit of $1 for each 
acre intended to be planted to the crops listed in the Table; 

(d) one or more of the designated perils prevents the planting, 

(i) of three acres or more, in the case of systematically 
tile drained land, or 



47 



Reg./Règl. 221 



CROP INSURANCE 



Reg./Règl. 221 



(ii) of six acres or more, in the case of land that is not 
systematically tile drained; and 

(e) the insured person notifies the Commission of the person's 
inability to plant the acres to the crops listed in the Table by 
the 15th day of June in the crop year. 

(2) The indemnity shall be paid, 

(a) for each unplanted acre in the case of systematically tile 
drained land; or 

(b) for each unplanted acre in excess of three unplanted acres, 
in the case of land that is not systematically tile drained. 

(3) The amount of the indemnity shall be one-third of the guaran- 
teed production per acre of the crop with the highest priority, in the 
Table, of the crops intended to be planted and insured by the insured 
person multiplied by the established price for that crop. 

(4) No indemnity shall be payable under this paragraph for land 
for which the same indemnity was paid by the Commission in the 
immediately preceding year. 

(5) Where the insured person plants a crop in respect of which 
crop production insurance was applied for, the premium deposit for 
the acreage so planted shall be applied against the regular premium. 

(6) Where the insured person plants a crop which is not listed in 
the Table, the premium deposit in respect of such acreage shall be 
refunded. 

(7) Where the insured person is unable to plant acreage desig- 
nated on the application as intended to be sown to a spring sown 
crop, the premium deposit in respect of such acreage shall be 
retained by the Commission as payment for the coverage provided. 

(8) This paragraph does not apply to, and no indemnity is pay- 
able in respect of any land, 

(a) that is orchard land, pasture, woodland, planted to a peren- 
nial crop, fall sown or intended for summer fallow; or 

(b) that is untilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(9) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, 

during the planting season in the area where the insured acreage is 
situate. 

3.— (1) Where loss or damage to three acres or more of the insured 
crop resulting from an insured peril occurs prior to the 1st day of July 
in the crop year, the Commission, upon application therefor in writ- 
ing by the insured person, may consent in writing to the replanting of 
the damaged acreage. 

(2) Where the damaged acreage is replanted in accordance with 
subparagraph (1), the Commission shall pay a supplementary benefit 
to the insured person calculated at the rate of $50 for each replanted 
acre. 

(3) Where the damaged acreage is replanted to coloured beans, 
the contract of insurance shall continue to apply to such replanted 
acreage. 



(4) The total number of acres in respect of which a replanting 
benefit is paid in a crop year shall not in any case exceed the total 
number of insured acres. 

4.— (1) Where loss or damage occurs prior to harvest, the Com- 
mission, upon application therefor in writing by the insured person, 
may consent in writing to the use of the damaged acreage for any 
other purpose or to the abandonment or destruction of the insured 
crop on such damaged acreage and, in such case, the Commission 
shall determine the number of damaged acres and the potential pro- 
duction thereof. 

(2) Where the damaged acreage is used for any other purpose or 
the insured crop thereon is abandoned or destroyed in accordance 
with subparagraph (1), the amount of loss that shall be taken into 
account in the final adjustment of loss in respect of the total planted 
acreage shall be calculated by multiplying the difference between the 
guaranteed production for the damaged acreage and the potential 
production for the damaged acreage determined under subparagraph 
(1) by the established price per hundredweight. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per hundredweight. 

(5) Where the crop contains damaged or foreign material, the 
actual production thereof shall be deemed to be reduced in an 
amount to be determined by the Commission. 

Final Adjustment of Loss for Total Insured Acreage 

5. The indemnity payable with respect to the total insured acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
made under paragraphs 2, 3 and 4 applicable to such acreage, but 
where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 4 shall be reduced by the amount obtained by multiplying such 
excess by the established price per hundredweight. 

Incorrect Acreage in Final Acreage Report 

6.— (1) Where the actual planted acreage of coloured beans in a 
crop year is less than the planted acreage declared on the final acre- 
age report, the guaranteed production shall be decreased proportion- 
ately in calculating whether there has been a loss and the actual pro- 
duction shall be used in calculating the average production for 
purposes of determining coverage for the following crop year, and 
there shall be no refund of premium. 

(2) Where the actual planted acreage of coloured beans in a crop 
year exceeds the planted acreage declared on the final acreage 
report, the actual production shall be used in calculating whether 
there has been a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately. 



48 



Reg./Règl. 221 



ASSURANCE-RECOLTE 



Reg./Règl. 222 



in calculating the average production for purposes of determining 
coverage for the following crop year. 





TABLE 


Spring Sown Crops in Order of Priority 


1. 


Corn 


2. 


Soybeans 


3. 


White Beans 


4. 


Coloured Beans 


5. 


Spring Grain 


6. 


Canola 


7. 


Sunflowers 


8. 


Red Spring Wheat 



In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at , 
this day of 



.19. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 204, Form 1; O. Reg. 304/81, ss. 2, 3; O. Reg. 
92/82, s. 5; O. Reg. 288/85, ss. 6, 7; O. Reg. 320/87, ss. 4-6; O. Reg 
223/88, s. 2; O. Reg. 303/89, s. 2, 3. 



REGULATION 222 
CROP INSURANCE PLAN FOR CORN 

1. The plan in the Schedule is established for the insurance within 
Ontario of corn. R.R.O. 1980, Reg. 205, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Corn". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of corn resulting from one or more of the perils 
designated in section 4. 



Definitions 



3. In this plan. 



"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"bushel" means 56 pounds of shelled corn, the kernel moisture con- 
tent of which does not exceed 15.5 per cent; 



"corn" means corn for the purpose of harvesting as corn silage or 
grain com, but does not include sweet corn or pop com; 

"corn silage" means silage produced from whole corn plants; 

"grain com" means shelled corn or ear corn. 

Designation of Perii.s 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for corn is the period from the 1st day of March in 
any year to the 30th day of June in the calendar year next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for corn shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for corn in Form 2; 

(c) an extended coverage endorsement in Form 1, if the 
insured person applied for extended coverage; 

(d) the application for insurance; 

(e) the final acreage report for each crop year; and 

(f) an amendment to any document referred to in clause (a), 
(b), (c), (d) or (e) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of $1 per acre; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 



49 



Reg./Règl. 222 



CROP INSURANCE 



Reg./Règl. 222 



son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, 

(a) calculate for each year in the ten-year period a factored 
yield by applying to the actual yield the factor designated 
for that year in the Table to this Schedule; and 

(b) compare the factored yield in each year with the average of 
the factored yields and, 

(i) if the factored yield in a year exceeds the insured 
person's ten year average by more than 30 per cent, 
shall adjust the factored yield according to the for- 
mula. 

Adjusted _ Factored _ 2 rpactored/ Average x l 3 M 
Yield Yield sL Yield V Yield ' /J 



(ii) if the factored yield in a year falls short of the 
insured person's ten year average by more than 30 
per cent, shall adjust the factored yield according to 
the formula. 

Adjusted ^ Factored , 2 F /Average ^ q y'\_ Factored "| 
Yield Yield 3 Lv Yield ' / Yield J 



10.— (1) Subject to subsections (4) and (5), the initial coverage 
provided under a contract of insurance shall be 75 per cent of the 
average farm yield in bushels of the total acreage planted to corn by 
the insured person. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in bushels of the total acreage planted to 
corn by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 



(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in bushels of the total acreage planted to 
corn by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

11. The maximum indemnity payable for a loss in production of 
corn is the amount obtained by multiplying the product of the guar- 
anteed production per acre determined under section 10 and the 
number of acres intended for harvesting as grain corn or corn silage 
by the established price determined under section 12. 

12.— (1) For the purposes of this plan, the established price for 
grain corn is, 

(a) $2.20 per bushel; 

(b) $2.65 per bushel; or 

(c) the floating price per bushel determined under subsection 
(2). 

(2) The floating price per bushel is the greater of, 

(a) $2.425 per bushel; and 

(b) the average calculated by the Commission of the daily 
prices per bushel of grain com at Hensall, Ontario as deter- 
mined by the Farm Market News for the period from the 
21st day of October to the 11th day of November in a crop 
year, minus $0.27 per bushel. 

(3) Where, 

(a) the insured person applies therefor in writing on or before 
the 1st day of May in a crop year; and 

(b) the Commission consents in writing, 

any established price designated herein may be substituted for the 
established price selected by the insured person at the time a contract 
of insurance is made, or any established price substituted in lieu 
thereof under this section. 

(4) Where, upon any renewal, the insured person fails to select 
an established price pursuant to subsection (3), the Commission may 
designate the established price applicable to the contract for the crop 
year. 

Premiums 

13.— (1) The total premium is, 

(a) $9.60 per acre where the established price is $2.20 per 
bushel; 

(b) $11.60 per acre where the established price is $2.65 per 
bushel; or 

(c) $12.80 per acre where the established price is the floating 
price per bushel. 



50 



Reg./Règl. 222 



ASSURANCE-RECOLTE 



Reg./Règl. 222 



(2) Despite subsection (1), the total premium is 80 per cent of the 
total premium prescribed by subsection (1) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person for corn exceed indemnity paid. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to corn. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time of filing the final acreage report 
prescribed by section 15. 

Final Acreage Reports 

15.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after planting is completed or within such 
other time as may be determined by the Commission. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

16. — (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the person rejects the revision within ten days after the 
Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

17.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of the final acreage 
report, if one is prepared, on the insured person either by personal 
delivery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 



(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Planting Date 

18. For the purposes of this plan the final date for planting corn in 
a crop year is the 1st day of July or such other date as may be deter- 
mined from time to time by the Commission. R.R.O. 1980, Reg. 
205, Sched.; O. Reg. 310/81, ss. 1-3; O. Reg. 89/82, s. 1; O. Reg. 
45/83, ss. 1-3; O. Reg. 147/84, ss. 1-3; O. Reg. 298/85, ss. 1, 2; 
O. Reg. 319/87, ss. 1-3; O. Reg. 276/88, s. 1; O. Reg. 297/89, s. 1; 
O. Reg. 474/90, s. 1, revised. 

TABLE 



Age of Yield 


Factor 


10 


1.14630 


9 


1.12978 


8 


1.11368 


7 


1.09807 


6 


1.08292 


5 


1.00000 


4 


1.00000 


3 


1.00000 


2 


1.00000 


1 


1.00000 



O. Reg. 474/90, s. 2, part. 



Form 1 



Crop Insurance Act (Ontario) 
EXTENDED COVERAGE ENDORSEMENT 

1. — (1) This endorsement is in force where the insured person 
applies for it and pays the prescribed premium. 

(2) The coverage is in force and indemnity and premiums payable 
under this endorsement are in addition to any prescribed by the plan. 

(3) The terms and conditions of the Schedule and Form 2 shall 
apply to this endorsement unless they are inconsistent with it or are 
specifically excluded under it. 

2. An application for extended coverage shall be made by the 1st 
day of May in the crop year in respect of which it is made. 

Coverage 

3. The insured person may purchase an extra 5 or 10 per cent cov- 
erage in addition to the coverage determined under section 10 of the 
Schedule. 

4. The maximum indemnity for which the Commission is liable 
under a contract of insurance under the Plan and insurance provided 
by this endorsement is the amount obtained by adding an additional 
5 or 10 per cent to the coverage determined under section 10 of the 
Schedule and multiplying this sum by the established price deter- 
mined under section 12 of the Schedule. 

Premiums 

5.— (1) The additional premium payable in the crop year for 5 per 
cent extra coverage is, 

(a) $2.80 per acre where the established price is $2.20 per 
bushel; 

(b) $3.20 per acre where the established price is $2.65 per 
bushel; 

(c) $3.60 per acre where the established price is the floating 
price per bushel. 



51 



Reg./Règl. 222 



CROP INSURANCE 



Reg./Règl. 222 



(2) The additional premium payable in the crop year for 10 per 
cent extra coverage is, 

(a) $7.20 per acre where the established price is $2.20 per 
bushel; 

(b) $8.60 per acre where the established price is $2.65 per 
bushel; 

(c) $9.40 per acre where the established price is the floating 
price per bushel. 

(3) The premiums prescribed by subsections (1) and (2) include 
payments in respect of premiums made by the Province of Ontario 
and the Government of Canada under the Crop Insurance Act 
(Canada). 

(4) Subsection 13 (2) of the Schedule shall not apply to this 
endorsement. 

(5) An insured person shall pay a premium deposit of $1.00 per 
acre at the time of application for extended coverage. 

(6) The minimum premium deposit payable by an insured person 
in the crop year under this endorsement is $25.00. O. Reg. 474/90, 
s. 3. 

Form 2 

Crop Insurance Act (Ontario) 

CORN ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
corn under The Ontario Crop Insurance Plan for Corn, hereinafter 
referred to as "the plan", and has paid the deposit premium pre- 
scribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover corn. 

Harvesting of Planted Acreage 

1.— (1) All acreage planted to corn shall be harvested as corn 
silage or grain corn unless the Commission, upon application there- 
for in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; 

(b) the abandonment or destruction of the insured crop or any 
part thereof; or 

(c) the harvest of any insured acreage prior to the 5th day of 
September in any crop year. 

(2) Where the harvesting of any planted acreage is not completed 
and the failure to harvest was not caused by an insured peril, the con- 
tract of insurance shall cease to apply to such unharvested acreage 
and no indemnity shall be payable therefor. 

Evaluation of Loss 

2.— (1) An indemnity shall be paid for the acreage set out in sub- 
paragraph (2) in the amount set out in subparagraph (3), where, 

(a) all of the acres planted to the crops listed in the Table to 
this paragraph are offered for insurance; 

(b) the insured person elects the indemnity on the application 
for insurance; 



(c) the insured person pays a premium deposit of $1 for each 
acre intended to be planted to the crops listed in the Table; 

(d) one or more of the designated perils prevents the planting, 

(i) of three acres or more, in the case of systematically 
tile drained land, or 

(ii) of six acres or more, in the case of land that is not 
systematically tile drained; and 

(e) the insured person notifies the Commission of the person's 
inability to plant the acres to the crops listed in the Table by 
the 15th day of June in the crop year. 

(2) The indemnity shall be paid, 

(a) for each unplanted acre in the case of systematically tile 
drained land; or 

(b) for each unplanted acre in excess of three unplanted acres, 
in the case of land that is not systematically tile drained. 

(3) The amount of the indemnity shall be one-third of the guaran- 
teed production per acre of the crop with the highest priority, in the 
Table, of the crops intended to be planted and insured by the insured 
person multiplied by the established price for that crop. 

(4) Where the insured person has elected the floating price as the 
established price, the established price prescribed by clause 
12 (1) (b) of the Schedule shall be used in lieu of the floating price 
for the purposes of the calculation in subparagraph (3). 

(5) No indemnity shall be payable under this paragraph for land 
for which the same indemnity was paid by the Commission in the 
immediately preceding year. 

(6) Where the insured person plants a crop in respect of which 
crop production insurance was applied for, the premium deposit for 
the acreage so planted shall be applied against the regular premium. 

(7) Where the insured person plants a crop which is not listed in 
the Table, the premium deposit in respect of such acreage shall be 
refunded. 

(8) Where the insured person is unable to plant acreage desig- 
nated on the application as intended to be sown to a spring sown 
crop, the premium deposit in respect of such acreage shall be 
retained by the Commission as payment for the coverage provided. 

(9) This paragraph does not apply to, and no indemnity is pay- 
able in respect of land, 

(a) that is orchard land, pasture, woodland, planted to a peren- 
nial crop, fall sown or intended for summer fallow; 

(b) that is untilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(10) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, during the planting season in the area where the 
insured acreage is situate. 



52 



Reg./Règl. 222 



ASSURANCE-RECOLTE 



Reg./Règl. 223 



TABLE 



Spring Sown Crops in Order of Priority 


1. 


Corn 


2. 


Soybeans 


3. 


White Beans 


4. 


Coloured Beans 


5. 


Spring Grain 


6. 


Canola 


7. 


Sunflowers 


8. 


Red spring wheat 



3.— (1) Where loss or damage to three acres or more of the insured 
crop resulting from an insured peril occurs prior to the 1st day of July 
in the crop year, the Commission, upon application therefor in writ- 
ing by the insured person, may consent in writing to the replanting of 
the damaged acreage. 

(2) Where the damaged acreage is replanted in accordance with 
subparagraph (1), the Commission shall pay a supplementary benefit 
to the insured person calculated at the rate of $30 for each replanted 



(3) Where the damaged acreage is replanted to corn, the contract 
of insurance shall continue to apply to such replanted acreage. 

(4) The total number of acres in respect of which a replanting 
benefit is paid in a crop year shall not in any case exceed the total 
number of insured acres. 

4.— (1) Where loss or damage occurs prior to harvest, the Com- 
mission, upon application therefor in writing by the insured person, 
may consent in writing to the use of the damaged acreage for any 
other purpose or to the abandonment or destruction of the insured 
crop on such damaged acreage and, in such case, the Commission 
shall determine the number of damaged acres and the potential pro- 
duction thereof. 

(2) Where damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accordance with 
subparagraph (I), the amount of loss that shall be taken into account 
in the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the difference between the guaran- 
teed production for the damaged acreage and the potential produc- 
tion for the damaged acreage determined under subparagraph (1) by 
the established price. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price. 

Final Adjustment of Loss for Total Insured Acreage 

5. The indemnity payable with respect to the total insured acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
made under paragraphs 2, 3 and 4 applicable to such acreage, but 
where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 4 shall be reduced by the amount obtained by multiplying such 
excess by the established price. 



Incorrect Acreage in Final Acreage Report 

6.— (1) Where the actual planted acreage of corn in a crop year is 
less than the planted acreage declared on the final acreage report, 
the guaranteed production shall be decreased proportionately in cal- 
culating whether there has been a loss and the actual production shall 
be used in calculating the average production for purposes of deter- 
mining coverage for the following crop year, and there shall be no 
refund of premium. 

(2) Where the actual planted acreage of corn in a crop year 
exceeds the planted acreage declared on the final acreage report, the 
actual production shall be used in calculating whether there has been 
a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at .... 
this day of. 



.,19. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 205, Form 2; O. Reg. 310/81, ss. 4, 6; O. Reg. 
89/82, s. 2; O. Reg. 45/83, s. 4; O. Reg. 298/85, ss. 3, 5; O. Reg. 
319/87, ss. 4-6; O. Reg. 276/88, s. 2; O. Reg. 297/89, ss. 2, 3; 
O. Reg. 474/90, s. 2, part, revised. 



REGULATION 223 
CROP INSURANCE PLAN FOR CUCUMBERS 

1. The plan in the Schedule is established for the insurance within 
Ontario of cucumbers. O. Reg. 462/84, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Cucumbers". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of cucumbers resulting from one or more of 
the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 



S3 



Reg./Règl. 223 



CROP INSURANCE 



Reg./Règl. 223 



insured person or on another basis tiiat is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"processor" means a person who is licensed as a processor of vegeta- 
bles under the Fann Products Marketing Act and the regulations 
made thereunder; 

"cucumbers" means cucumbers produced in Ontario, 

(a) for processing under a contract between a grower and a 
processor, and 

(b) on acreage specified in such contract; 
"ton" means 2,000 pounds. 

Designation of Perils 

4. — (1) Subject to subsection (2), the following are designated as 
perils for the purposes of this plan: 

1. Drought. 

2. Excessive rainfall. 

3. Flood. 

4. Frost. 

5. Hail. 

6. Insect infestation. 

7. Plant disease. 

8. Wildlife. 

9. Wind. 

(2) The contract of insurance for cucumbers does not insure 
against a loss in the production of cucumbers in a crop year resulting 
from insect infestation or plant disease unless the insured person 
establishes that the insured person followed a recommended control 
program during the crop year. 

Designation of Crop Year 

5. The crop year for cucumbers is the period from the 1st day of 
March in any year to the 15th day of October next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for cucumbers shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for cucumbers in Form 1; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of at least $100; and 

(c) be filed with the Commission not later than the 1st day of 



May in the crop year, or such other date as may be deter- 
mined by the Commission. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adj usted _ Actual 
Yield Yield 



2 ["Actual _ /Average v i -» ^"1 

3 L Yield V Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual 2 I 



_^ 1 r/ Average ^ g ^\_ Actual "I 
Yield Yield 3L\ Yield ' / Yield J 



10.— (1) Subject to subsections (4) and (5), the initial coverage 
provided under a contract of insurance shall be 70 per cent of the 
average farm yield in tons of the total producing acres of cucumbers 
grown by the insured person in accordance with the regulations. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 65 per cent, 70 per 
cent; 

(b) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(c) where the previous year's coverage was 73 per cent, 76 per 
cent; 

(d) where the previous year's coverage was 76 per cent, 78 per 
cent; 

(e) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(f) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in tons of the total producing acres of 
cucumbers grown by the insured person in accordance with the regu- 
lations. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 



54 



Reg./Règl. 223 



ASSURANCE-RECOLTE 



Reg./Règl. 223 



(b) where the previous year's coverage was 78 per cent, 76 per 
cent; 

(c) where the previous year's coverage was 76 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; 

(e) where the previous year's coverage was 70 per cent, 65 per 
cent; and 

(f) where the previous year's coverage was 65 per cent, 65 per 
cent, 

of the average farm yield in tons of the total producing acres of 
cucumbers grown by the insured person in accordance with the regu- 
lations. 

(4) Where, in any year, a claim is paid in an amount that is equal 
to or less than the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) The total guaranteed production under a contract of insur- 
ance shall be the lesser of, 

(a) the number of tons determined under subsections (1), (2) 
and (3); or 

(b) the contracted tonnage. 

(6) Where, in the opinion of the Commission, the insured person 
cannot provide adequate production records, the average yield shall 
be determined by the Commission on such other basis as it may 
approve. 

11. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 by the established price per ton determined under 
section 12. 

12. For the purposes of this plan the established price per ton for 
cucumbers in a crop year shall be 50 per cent of the minimum price 
per ton for grade three cucumbers negotiated in the grower-proces- 
sor marketing agreement. 

Premiums 

13.— (1) The total premium is $52 per acre. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force, the premium 
shall be paid in respect of each crop year in which the insured person 
produces cucumbers. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit pre- 
scribed by subsection (3), to the Commission at the time the insured 
person files the final acreage report prescribed by section 15. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of May in 
the crop year, pay a premium deposit in accordance with clause 
7(b). 

Final Acreage Report 

15.— (1) Every insured person shall file with the Commission in 



each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the seeding of acreage to cucumbers is 
complete. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

16.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

17. — (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of the final acreage 
report, if one is prepared, on the insured person either by personal 
delivery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Date for Planting 

18. For the purposes of this plan, the final date for planting cucum- 
bers in a crop year is the 1st day of July or such other date as may be 
determined from time to time by the Commission. 

Final Date for Harvesting 

19. For the purposes of this plan, the final date for harvesting 
cucumbers in a crop year is the 30th day of September or such other 
date as may be determined from time to time by the Commission. 
O. Reg. 462/84, Sched.; O. Reg. 294/85, ss. 1, 2; O. Reg. 291/86, 
ss. 1, 2; O. Reg. 323/87, s. 1; O. Reg. 226/88, s. 1; O. Reg. 466/90, 
s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

CUCUMBER ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
cucumbers under The Ontario Crop Insurance Plan for Cucumbers, 



55 



Reg./Règl. 223 



CROP INSURANCE 



Reg./Règl. 224 



hereinafter referred to as "the plan", and has paid the deposit pre- 
mium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover cucumbers. 

Harvesting of Pi.anted Acreage 

1. All acreage planted to cucumbers in a crop year shall be har- 
vested unless the Commission, upon application therefor in writing, 
consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Evaluation of Loss 

2.— (1) Where loss or damage occurs before the 1st day of July in a 
crop year, the Commission, upon application therefor in writing by 
the insured person, may consent in writing to, 

(a) replanting of the damaged acreage; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof. 

(2) Where the damaged acreage is replanted to the insured crop 
in accordance with clause (1) (a), a benefit of $35 for each acre so 
replanted shall be paid and the contract of insurance shall continue 
to apply to such replanted acreage. 

(3) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(1) (b), a benefit of $35 for each acre so abandoned or destroyed 
shall be paid and the contract of insurance shall cease to apply to 
such acreage. 

(4) Where the damaged acreage is not used for any other purpose 
or the crop is not abandoned or destroyed after the Commission has 
consented thereto, the amount of loss calculated under subparagraph 
(3) shall not be taken into account in the final adjustment of loss. 

(5) Where harvesting has been completed, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per ton. 

Final Adjustment of Loss for Total Planted Acreage 

3.— (1) The Commission may cause the actual production of the 
insured crop to be appraised by any method that it considers proper. 

(2) The indemnity payable with respect to the total insured acre- 
age in the final adjustment of loss shall be the sum of all loss calcula- 
tions made under paragraph 2 applicable to such acreage, but where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 2 shall be reduced by the amount obtained by multiplying such 
excess by the established price. 



Incorrect Acreage in Final Acreage Report 

4.— (1) Where the actual planted acreage of cucumbers in a crop 
year is less than the planted acreage declared on the final acreage 
report, the total guaranteed production and the amount of insurance 
shall be reduced proportionately. 

(2) Where the actual planted acreage of cucumbers in a crop year 
exceeds the planted acreage declared on the final acreage report, 
production from the total planted acreage shall be counted and there 
shall be no increase in the total guaranteed production or the maxi- 
mum amount of indemnity payable. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 

this day of . 



.,19.. 



Duly Authorized 
Representative 



General Manager 
O. Reg. 462/84, Form 1; O. Reg. 294/85, s. 3. 



REGULATION 224 

CROP INSURANCE PLAN FOR 
FLUE-CURED TOBACCO 

1. The plan in the Schedule is established for the insurance within 
Ontario of flue-cured tobacco. R.R.O. 1980, Reg. 206, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 

PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Flue-cured Tobacco". 

2. The purpose of this plan is to provide for insurance against a 
loss resulting from one or more of the perils designated in section 4. 



Definitions 



3. In this plan. 



'allotted poundage" means the total number of pounds of tobacco 
authorized by The Ontario Flue-cured Tobacco Growers' Market- 
ing Board to be marketed for the crop year; 

'average farm yield" means the average of previous yields of the 
planted acreage computed on the basis of acreage production 
records of the insured person or on such other basis as the Com- 
mission approves; 

'contract price" means the minimum average price per pound 
agreed upon by the Ontario Flue-cured Tobacco Growers' Mar- 
keting Board and the processors or such other price as may be 
determined from time to time by the Commission; 

"flue-cured tobacco" means tobacco grown in Ontario for marketing 
under authorization of The Ontario Flue-cured Tobacco Growers' 
Marketing Board; 

"rental deadline" means the date in a crop year after which the 
Ontario Flue-cured Tobacco Growers' Marketing Board will not 



56 



Reg./Règl. 224 



ASSURANCE-RECOLTE 



Reg./Règl. 224 



grant an application to rent or transfer more than 20 per cent of a 
producer's flue-cured tobacco marketing quota; 

"rental value" means the average price that allotted poundage is 
rented for as determined by the Commission; 

"price guarantee" means the average price received for the total 
crop marketed by The Ontario Flue-cured Tobacco Growers' Mar- 
keting Board for the crop year less 5 per cent. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive rainfall. 

3. Flood. 

4. Frost. 

5. Hail. 

6. Insect infestation. 

7. Plant disease. 

8. Wind. 

Designation of Crop Year 

5. The crop year for flue-cured tobacco is the period from the 1st 
day of March in any year to the 31st day of May in the calendar year 
next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for flue-cured tobacco shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for flue-cured tobacco in Form 1; 

(c) the application for insurance; 

(d) the final acreage report; and 

(e) an amendment to any document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of at least $100 
unless the applicant authorizes payment of the premium by 
The Ontario Flue-cured Tobacco Growers' Marketing 
Board; and 

(c) be filed with the Commission not later than the 1st day of 
May first occurring in the crop year in respect of which it is 
made or not later than such other date as may be deter- 
mined from time to time by the Commission. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made unless it is terminated in accordance 
with the regulations. 

(2) Despite subsection (1), the contract does not insure against 



and no indemnity shall be paid in respect of any loss or damage 
which occurs prior to noon on the 20th day of May first occurring in 
the crop year. 

Coverage 

9. The coverage provided in each crop year under section A or B 
of the endorsement shall be computed by the Commission and shall 
not exceed 80 per cent of the average farm yield multiplied by 50 per 
cent of the final market average price less 5 per cent. 

Liability 

10. The maximum amount for which the Commission is liable for a 
loss under a contract of insurance shall be the amount obtained by 
multiplying 80 per cent of the average farm yield by the final market 
average price less 5 per cent. 

Premiums 

11. — (1) Subject to subsections (2), (3), (4), (5) and (6), the pre- 
mium payable by an insured person is, 

(a) where the crop is insured under Section A of the endorse- 
ment, $2.08 per 100 pounds for the first 30,000 pounds of 
coverage, decreasing by 4 cents per 100 pounds for the next 
10,000 pounds of coverage, by 4 cents per 100 pounds for 
the next 10,000 pounds of coverage, by 7 cents per 100 
pounds for the next 10,000 pounds of coverage, by 8 cents 
per 100 pounds for the next 10,000 pounds of coverage, by 8 
cents per 100 pounds for the next 10,000 pounds of cover- 
age, by 8 cents per 100 pounds for the next 10,000 pounds 
of coverage, by 7 cents per 100 pounds for the next 10,000 
pounds of coverage and by 8 cents per 100 pounds for each 
10,000 pounds of increase in coverage until a minimum rate 
of 98 cents per 100 pounds, applicable to any further cover- 
age, is attained; and 

(b) where the crop is insured under Section B of the endorse- 
ment, $1.84 per 100 pounds for the first 30,000 pounds of 
coverage, decreasing by 3 cents per 100 pounds for the next 
10,000 pounds of coverage, by 4 cents per 100 pounds for 
the next 10,000 pounds of coverage, by 5 cents per 100 
pounds for the next 10,000 pounds of coverage, by 5 cents 
per 100 pounds for the next 10,000 pounds of coverage, by 5 
cents per 100 pounds for the next 10,000 pounds of cover- 
age, by 4 cents per 100 pounds for the next 10,000 pounds 
of coverage, by 5 cents per 100 pounds for the next 10,000 
pounds of coverage, by 2 cents per 100 pounds for the next 
10,000 pounds of coverage and by 1 cent per 100 pounds for 
each 10,000 pounds of increase in coverage until a minimum 
rate of $1.50 per 100 pounds, applicable to any further cov- 
erage, is attained. 

(2) The premiums prescribed by subsection (1) are based on a 
contract price of $1 per pound and where in any year there is a varia- 
tion in the contract price, the amount of the premium shall be 
adjusted accordingly. 

(3) The premium prescribed by subsections (1) and (2) shall be 
reduced by 5 per cent following each year of participation in the plan 
in which no claim is made, but the cumulative reduction shall not 
exceed 15 per cent. 

(4) Where the premium prescribed by subsections (1) and (2) has 
been reduced under subsection (3), the premium shall be increased 
by 5 per cent following each year in which the amount paid on a 
claim exceeds half of the premium paid in that year, but the premium 
shall not be increased beyond the amounts prescribed by subsections 
(l)and(2). 

(5) Where, in any year, a claim is paid in an amount equal to or 
less than half of the total premium for that year, the discount for the 
following year shall remain unchanged. 



57 



Reg./Règl. 224 



CROP INSURANCE 



Reg./Règl. 224 



(6) Where in any year a grower fails to insure the grower's crop 
under this plan, the grower's premium for the next year of participa- 
tion shall not be subject to any discount. 

(7) The premiums prescribed by subsections (1), (2), (3), (4), (5) 
and (6) are in addition to any payments in respect of premiums made 
by the Province of Ontario and the Government of Canada under the 
Crop Insurance Act (Canada). R.R.O. 1980, Reg. 206, Sched.; 
O. Reg. 94/82, s. 1; O. Reg. 630/82, ss. 1-5; O. Reg. 388/83, s. 1; 
O. Reg. 359/84, ss. 1, 2; O. Reg. 511/84, s. 1; O. Reg. 524/85, 
ss. 1-6; O. Reg. 600/86, ss. 1-3; O. Reg. 471/89, s. 1; O. Reg. 
401/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

FLUE-CURED TOBACCO ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
flue-cured tobacco under The Ontario Crop Insurance Plan for Flue- 
cured Tobacco, hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover flue-cured tobacco. 

General Terms and Conditions 

1.— (1) Where the insured person is an owner with a sharegrower, 
the insured person is eligible for insurance coverage only under Sec- 
tion A. 

(2) Where the insured person is an owner who grows the insured 
person's own crop, the insured person is eligible for insurance cover- 
age under Sections A and B. 

(3) Where the insured person grows all or part of the insured per- 
son's crop, in order to obtain insurance under Section A, the insured 
person must insure all the insured person's acreage under a single 
contract. 

(4) Where the insured person is a sharegrower, the insured per- 
son is eligible for insurance coverage only under Section B. 

2. All acreage planted to flue-cured tobacco in a crop year shall be 
harvested unless the Commission, upon application therefor in writ- 
ing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Incorrect Acreage in Final Acreage Report 

3.— (1) Where the actual planted acreage of flue-cured tobacco in 
a crop year is less than the planted acreage declared on the final acre- 
age report, the guaranteed production and the amount of insurance 
shall be reduced proportionately and there shall be no refund of pre- 
mium. 

(2) Where the actual planted acreage of flue-cured tobacco in a 
crop year exceeds the planted acreage declared on the final acreage 
report, the total guaranteed production shall remain unchanged and 
the total production from all of the planted acres shall be included in 
the total production for the crop year. 

Evaluation of Loss 

4. For the purpose of determining the loss in production of flue- 
cured tobacco in a crop year and the indemnity payable therefor, the 



value of the crop shall progress through the stages prescribed in Sec- 
tions A and B. 

Section A 

Stage 1 

5.— (1) Stage 1 comprises the period from the commencement of 
planting or noon of the 18th day of May first occurring in the crop 
year, whichever is the later, to noon of the 18th day of June in the 
crop year. 

(2) Where loss or damage occurs in Stage 1, the Commission, 
upon application therefor in writing by the insured person may con- 
sent in writing to the use of the damaged acreage for any other pur- 
pose or to the abandonment or destruction of the insured crop on 
such damaged acreage and, in such case, the Commission shall deter- 
mine the number of damaged acres. 

(3) Where the damaged acreage is replanted to the insured crop 
pursuant to Section B, the contract of insurance shall continue to 
apply to such replanted acreage. 

(4) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with sub- 
paragraph (2), the amount of loss that shall be taken into account in 
the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying 40 per cent of the average farm 
yield applicable to the damaged acreage by 45 per cent of the con- 
tract price per pound. 

(5) The amount of loss calculated under subparagraph (4) shall 
be reduced by an amount equal to the rental value of any poundage 
allotment in respect of which a claim is paid to the insured person. 

(6) Where the damaged acreage is not used for any other purpose 
or the crop is not abandoned or destroyed after the Commission has 
consented thereto, the amount of loss calculated under subparagraph 
(4) shall not be taken into account in the final adjustment of loss. 

(7) Despite any application made in writing by the insured person 
under this paragraph, the Commission may, where loss or damage 
occurs in Stage 1, notify the insured person in writing that it intends 
to terminate the insurance coverage on such damaged acreage and to 
calculate the amount of loss in the manner prescribed in subpara- 
graph (4) with respect to such damaged acreage and, where notice of 
such intention has been given, the Commission shall calculate 
accordingly the amount of loss to be taken into account in the final 
adjustment of loss and the value of the insured crop on such dam- 
aged acreage shall not progress beyond Stage 1. 

Stage 2 

6.— (1) Stage 2 commences at noon on the 20th day of June in the 
crop year and ends with the completion of harvesting. 

(2) Where loss or damage occurs in Stage 2, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to the abandonment or destruction of the insured crop 
on such damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential produc- 
tion thereof. 

(3) Where the insured crop is abandoned or destroyed in accor- 
dance with subparagraph (2), the amount of loss that shall be taken 
into account in the final adjustment of loss in respect of the total 
planted acreage shall be calculated by multiplying 80 per cent of the 
average farm yield applicable to the damaged acreage less any poten- 
tial production determined under subparagraph (2) by 45 per cent of 
the contract price per pound. 

(4) Where the crop is not abandoned or destroyed after the Com- 
mission has consented thereto, the amount of loss calculated under 
subparagraph (3) shall not be taken into account in the final adjust- 
ment of loss. 



58 



Reg./Règl. 224 



ASSURANCE-RECOLTE 



Reg./Règl. 224 



(5) Subject to subparagraph (6), where, upon completion of har- 
vesting, 

(a) one-half of the total gross income from the harvested acre- 
age is less than the insurance coverage of the insured per- 
son, the amount of loss that shall be taken into account in 
the final adjustment of loss shall be calculated by subtract- 
ing one-half of the total gross income from one-half of the 
amount arrived at by multiplying the price guaranteed per 
pound by the actual production harvested; or 

(b) the actual production from the harvested acreage multiplied 
by 45 per cent of the contract price per pound is less than 
the insurance coverage of the insured person, the amount of 
loss that shall be taken into account in the final adjustment 
of loss shall be calculated by subtracting the amount 
obtained by multiplying the actual production from the har- 
vested acreage by 45 per cent of the contract price per 
pound from the insurance coverage. 

(6) The amount of loss calculated under clause (b) of subpara- 
graph (5) shall be reduced by an amount equal to the rental value of 
any poundage allotment in respect of which a production claim is 
paid to the insured person. 

Section B 

Stage 1 

7.— (1) Stage 1 comprises the period from the commencement of 
planting or noon of the 20th day of May occurring first in the crop 
year, whichever is the later, to noon of the 20th day of June in the 
crop year. 

(2) Where loss or damage occurs in Stage 1, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to, 

(a) replanting of the damaged acreage to a maximum of the 
number of insured acres; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres. 

(3) Where the damaged acreage is in excess of three acres and is 
replanted to the insured crop in accordance with clause (a) of subpar- 
agraph (2), the contract of insurance shall continue to apply to such 
replanted acreage and the Commission shall pay to the insured per- 
son a supplementary benefit of $75 per acre replanted. 

(4) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(b) of subparagraph (2), the amount of loss that shall be taken into 
account in the final adjustment of loss in respect of the total planted 
acreage shall be calculated by multiplying 40 per cent of the average 
farm yield applicable to the damaged acreage by 30 per cent of the 
contract price per pound. 

(5) Where the damaged acreage is not used for any other purpose 
or the crop is not abandoned or destroyed after the Commission has 
consented thereto, the amount of loss calculated under subparagraph 
(4) shall not be taken into account in the final adjustment of loss. 

(6) Despite any application made in writing by the insured person 
under this paragraph, the Commission may, where loss or damage 
occurs in Stage 1, notify the insured person in writing that it intends 
to terminate the insurance coverage on such damaged acreage and to 
calculate the amount of loss in the manner prescribed in subpara- 
graph (4) with respect to such damaged acreage and, where notice of 
such intention has been given, the Commission shall calculate 
accordingly the amount of loss to be taken into account in the final 
adjustment of loss and the value of the insured crop on such dam- 
aged acreage shall not progress beyond Stage 1. 



Stage 2 

8.— (1) Stage 2 commences at noon on the 20th day of June in the 
crop year and ends with the completion of harvesting. 

(2) Where loss or damage occurs in Stage 2, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to, 

(a) replanting of the damaged acreage to a maximum of the 
number of insured acres; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on the 
damaged acreage and the Commission shall determine the 
number of damaged acres and the potential production 
thereof. 

(3) Where the damaged acreage is in excess of three acres and is 
replanted to the insured crop in accordance with clause (a) of subpar- 
agraph (2), the contract of insurance shall continue to apply to such 
replanted acreage and the Commission shall pay to the insured per- 
son a supplementary benefit of $75 per acre replanted. 

(4) Where the insured crop is abandoned or destroyed in accor- 
dance with clause (b) of subparagraph (2), the amount of loss that 
shall be taken into account in the final adjustment of loss in respect 
of the total planted acreage shall be calculated by multiplying 80 per 
cent of the average farm yield applicable to the damaged acreage less 
any potential production determined under clause (b) of subpara- 
graph (2) by 30 per cent of the contract price per pound. 

(5) Where the crop is not abandoned or destroyed after the Com- 
mission has consented thereto, the amount of loss calculated under 
subparagraph (4) shall not be taken into account in the final adjust- 
ment of loss. 

(6) Where, upon completion of harvesting, 

(a) one-half of the total gross income from the harvested acre- 
age is less than the insurance coverage of the insured per- 
son, the amount of loss that shall be taken into account in 
the final adjustment of loss shall be calculated by subtract- 
ing one-half of the total gross income from one-half of the 
amount arrived at by multiplying the price guaranteed per 
pound by the actual production harvested; or 

(b) the actual production from the harvested acreage multiplied 
by 30 per cent of the contract price per pound is less than 
the insurance coverage of the insured person, the amount of 
loss that shall be taken into account in the final adjustment 
of loss shall be calculated by subtracting the amount 
obtained by multiplying the actual production from the har- 
vested acreage by 30 per cent of the contract price per 
pound from the insurance coverage. 

Salvage Benefit 

9. Where three acres or more of the insured crop is damaged as a 
result of excessive rainfall, flood, hail, wind or such other cause of 
loss as may be designated by the Commission from time to time and 
the insured person incurs unusual expense in salvaging the crop, the 
Commission may under Section B pay a supplementary benefit equal 
to the salvage cost or $60 for each damaged acre, whichever is the 
lesser, but the total of the benefits payable in any crop year under 
subparagraphs 7 (3), 8 (3) and this paragraph shall in no case exceed 
$120 multiplied by the number of insured acres. 

Final Adjustment of Loss for Total Planted Acreage 

10.— (1) The total indemnity payable in the final adjustment of 
loss shall be the sum of all loss calculations but where, 

(a) the actual production of any harvested acreage; or 



59 



Reg./Règl. 224 



CROP INSURANCE 



Reg./Règl. 225 



(b) the potential production of any unharvested acreage, 

exceeds the insurance coverage for such acreage, the indemnity oth- 
erwise payable for a loss in production shall be reduced by the 
amount obtained by multiplying such excess by 75 per cent of the 
contract price per pound. 

(2) Despite subparagraph (1), where the insured crop or any part 
thereof is destroyed by frost at any time after noon on the 25th day of 
September in the crop year, the Commission shall determine the 
potential thereof and shall reduce the indemnity otherwise payable 
accordingly. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 

this day of 



Duly Authorized 
Representative 



.,19., 



General Manager 



R.R.O. 1980, Reg. 206, Form 1; O. Reg. 311/81, s. 1; O. Reg. 

630/82, s. 6; O. Reg. 388/83, s. 2; O. Reg. 359/84, s. 4; O. Reg. 

524/85, s. 7; O. Reg. 600/86, s. 4; O. Reg. 471/89, s. 2; O. Reg. 
401/90, s. 2. 



REGULATION 225 

CROP INSURANCE PLAN FOR 
FORAGE SEEDING ESTABLISHMENT 

1. The plan in the Schedule is established for the insurance within 
Ontario of the seeding establishment of forage. R.R.O. 1980, Reg. 
211, s. 1;0. Reg. 302/89, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Forage Seeding Establishment". 

2. The purpose of this plan is to provide insurance against loss 
arising when the seeding establishment of a forage crop is adversely 
affected by one or more of the designated perils. 

Definitions 

3. In this plan, 

"forage" means feed for livestock produced from grasses or legumes; 

"grasses" means Timothy, Bromegrass, Orchardgrass, Reed Canary 
Grass, Creeping Red Fescue, Tall Fescue, Meadow Foxtail, 
Perennial Ryegrass, Annual Ryegrass and Bluegrass; 

"harvesting" includes pasturing; 

"legumes" means Alfalfa, Bird's-foot Trefoil, Red Clover, White 
Clover and Sweet Clover; 

"seeded acreage" means acreage seeded to grasses or legumes during 
the current crop year for the purpose of producing forage or pas- 
ture or for the purpose of soil conservation. 



Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 

10. Wind. 

11. Winterkill. 

Designation of Crop Year 

5. The crop year for forage seeding establishment is the period 
from the 1st day of January to the 31st day of May in the calendar 
year next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for forage seeding establishment shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for forage seeding establishment in Form 
1; 

(c) the application for insurance; and 

(d) any amendment to a document referred to in clause (a), (b) 
or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; and 

(b) in the case of spring sown forage, be filed with the Commis- 
sion not later than the 1st day of May or in the case of for- 
age that is directly seeded after the 1st day of August, be 
filed with the Commission not later than the 15th day of 
September in the crop year. 

Duration of Contract 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made. 

Coverage 

9.— (1) Subject to subsection (2), the maximum coverage, as 
determined by the Commission, is, 

(a) $25 for each acre sown to forage that fails to establish a rea- 
sonable stand; or 

(b) $50 for each acre that fails to establish a reasonable stand 
where a minimum of 50 per cent of the crop is sown to tre- 
foil or alfalfa. 



60 



Reg./Règl. 225 



ASSURANCE-RECOLTE 



Reg./Règl. 225 



(2) A minimum of three acres must be lost before any indemnity 
is payable. 

10. The maximum amount for which the Commission is liable 
under a contract of insurance is the amount obtained by multiplying 
the per acre coverage determined under section 9 by the number of 
insured acres. 

Premiums 

11.— (1) The total premium is, 

(a) $4 per acre where the coverage is $25 per acre; 

(b) $6 per acre where the coverage is $25 per acre and the 
insured person's claims since the insured person's enrol- 
ment in the plan exceed the premiums paid; or 

(c) $6 per acre where the coverage is $50 per acre. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person is $25. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

12.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to the insured crop. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time the final acreage report required 
by section 14 is filed. 

Notification of Loss 

13. Any loss must be reported to the Commission as soon as it 
becomes apparent and in no case will any indemnity be paid in 
respect of losses not reported before the end of the crop year. 

Final Acreage Reports 

14.— (1) Within ten days after the planting of acreage to forage is 
completed in each crop year, every insured person shall file with the 
Commission a final acreage report in a form provided by the Com- 
mission. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

15.— (1) The Commission may revise a final acreage report in any 
and all respects and adjust the premium accordingly and shall, after 
any revision and adjustment, notify the insured person in writing 
immediately of such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notification from an insured 
person under subsection (2), the Commission shall, 

(a) notify the insured person in writing that the contract of 
insurance does not apply for the crop year in respect of 
which the final acreage report was filed; and 



(b) refund any premium or premium deposit paid in respect of 
that crop year. 

(5) A final acreage report revised under subsection (1) shall, if no 
notice is given under subsection (2) by the insured person, be 
deemed to be a final acreage report for the insured acreage for the 
crop year. 

16.— (1) Where an insured person in any crop year fails to file a 
final acreage report in accordance with this Regulation, the Commis- 
sion may, 

(a) prepare a final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) After preparing a final acreage report under subsection (1), 
the Commission shall serve a copy of the report on the insured per- 
son either by personal delivery or by mailing it to the insured per- 
son's last known address. 

(3) An insured person shall pay the premium for the crop year in 
respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. R.R.O. 1980, Reg. 211, Sched.; O. Reg. 
146/84, ss. 1, 2; O. Reg. 300/85, ss. 1, 2; O. Reg. 224/88, s. 1; 
O. Reg. 302/89, ss. 1, 2; O. Reg. 456/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

FORAGE SEEDING ESTABLISHMENT ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
forage seeding establishment under The Crop Insurance Plan for 
Forage Seeding Establishment, hereinafter referred to as "the plan", 
and has paid the premium prescribed thereunder: 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover forage seeding establishment. 

Evaluation of Loss 

1. For the purposes of this plan, a loss shall be deemed to have 
occurred where, as a result of an insured peril, three acres or more of 
the insured crop fails to establish a reasonable stand. 

Final Adjustment of Loss 

2. — (1) Subject to subparagraphs (2) and (3), the indemnity pay- 
able with respect to the total seeded acreage shall be the amount 
obtained by multiplying the per acreage coverage determined under 
section 9 of the plan by the number of insured acres. 

(2) Indemnity is payable only in respect of acreage destroyed 
after inspection by the Commission. 

(3) No indemnity is payable in respect of acreage that has been 
harvested or pastured. R.R.O. 1980, Reg. 211, Form 1; O. Reg. 
300/85, s. 3; O. Reg. 302/89, s. 1. 



61 



Reg./Règl. 226 



CROP INSURANCE 



Reg./Règl. 226 



REGULATION 226 
CROP INSURANCE PLAN FOR GRAPES 

1. The plan in the Schedule is established for the insurance within 
Ontario of grapes. R.R.O. 1980, Reg. 208, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Grapes". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of grapes resulting from one or more of the 
perils designated in section 4. 



Definitions 



3. In this plan. 



"average yield" means the average total vineyard production of the 
insured person over the preceding six years allowing for age of 
vines, vine removal, and change in acreage; 

"grapes" means all varieties of grapes produced in Ontario. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Blossom set failure. 

2. Drought. 

3. Excessive moisture. 

4. Freeze injury. 

5. Frost. 

6. Hail. 

7. Hurricane or tornado. 

8. Wildlife. 

9. Excess heat. 
10. Excessive rain. 

Designation of Crop Year 

5. The crop year for grapes is the period from the 1st day of 
December in any year to the 30th day of November next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
grapes shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; 

(c) the production guarantee report; and 

(d) any amendment to a document referred to in clause (a), (b) 
or (c) agreed upon in writing. 

7. An application for insurance shall. 



(a) be in the form provided by the Commission; 

(b) be accompanied by a premium deposit of, 

(i) $100, or one-quarter of the premium payment made 
by the insured person for the previous crop year, 
whichever is the greater, or 

(ii) an amount to be determined by the Commission; 
and 

(c) be filed with the Commission not later than the 1st day of 
December in the crop year in respect of which it is made or 
not later than such other date as may be determined from 
time to time by the Commission. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of December in the crop year during which the 
cancellation is to be effective or on or before such other date as may 
be determined from time to time by the Commission. 

Coverage 

9.— (1) The initial coverage provided under a contract of insurance 
shall be 73 per cent of the average yield in pounds as determined by 
the Commission multiplied by the established price. 

(2) The coverage provided under a contract of insurance follow- 
ing a year in which there was no claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 76 per 
cent; 

(c) where the previous year's coverage was 76 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average yield in pounds as determined by the Commission 
multiplied by the established price. 

(3) The coverage provided under a contract of insurance follow- 
ing a year in which there was a claim shall be, 

(a) where the previous year's coverage was 80 per cent, 80 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 76 per 
cent; 

(c) where the previous year's coverage was 76 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent. 



62 



Reg./Règl. 226 



ASSURANCE-RECOLTE 



Reg./Règl. 226 



of the average yield in pounds as determined by the Commission 
multipHed by the established price. 

(4) Where in any year a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year remains unchanged. 

10.— (1) In this section, "class" means the classes of grape varie- 
ties set out in the Table. 

(2) The established prices for each class are as follows: 

TABLE 



Class 


Price per tonne 


1 
lA 


$ 278 
198 


2 


227 


3 
3A 


265 
221 


4 


241 


5 

5A 
5B 
50 


489 
352 
500 
299 


6 

6A 
6B 
6C 


552 
436 
450 
261 


7 


575 


8 
8A 


345 
593 


9 

9A 
9B 
9C 


823 

903 

1,666 

1,070 


10 


549 



(b) based on Commission records, total premiums paid by the 
insured person for grapes since 1972 exceed the indemnities 
paid by the Commission to the insured person for grapes 
since 1972. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

(4) Despite subsections (1) and (2), the minimum premium pay- 
able by an insured person in each crop year is $100. 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, to 
the Commission at the time the production guarantee report pre- 
scribed by section 14 is returned to the Commission. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of December 
in the crop year, pay the premium deposit as set out in clause 7 (b). 

Production Guarantee Report 

14. The Commission shall prepare and deliver a production guar- 
antee report in the form prescribed by the Commission to each 
insured person in each crop year and the insured person shall sign a 
copy thereof and return it to the Commission. R.R.O. 1980, Reg. 
208, Sched.; O. Reg. 769/81, ss. 1-3; O. Reg. 793/82, ss. 1, 2; 
O. Reg. 7/85, ss. 1, 2; O. Reg. 650/85, ss. 1-4; O. Reg. 68/88, s. 1; 
O. Reg. 120/89, s. 1; O. Reg. 465/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinaf- 
ter referred to as "THE COMMISSION". 

OF THE FIRST PART 



11. The maximum indemnity for which the Commission is liable 
under a contract of insurance shall be the amount obtained by multi- 
plying the total guaranteed production determined under section 9 
by the established price per ton determined under section 10. 

Premiums 

12.— (1) The total premium payable in the crop year is, 

(a) where the coverage is 70 per cent, 8.5 per cent; 

(b) where the coverage is 73 per cent, 8 per cent; 

(c) where the coverage is 76 per cent, 7.5 per cent; 

(d) where the coverage is 78 per cent, 7 per cent; and 

(e) where the coverage is 80 per cent, 6.3 per cent, 

of the guaranteed production in pounds multiplied by the established 
price. 

(2) Despite subsection (1), the total premium is 80 per cent of the 
total premium prescribed by subsection (1) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 



— and— 

of the of 

in the County (or as the case may be) of 

hereinafter referred to as 

"THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
grapes under The Ontario Crop Insurance Plan for Grapes, hereinaf- 
ter referred to as "the plan". 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where, in a crop year the 
insured person suffers a loss in the production of grapes resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

Terms and Conditions Insured Crop 



1. In this contract, "insured crop" 
produced in Ontario. 



means all varieties of grapes 



63 



Reg./Règl. 226 



CROP INSURANCE 



Reg./Règl. 226 



Causes of Loss Not Insured Against 

2. This contract does not insure against and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated by the 
insured person in Ontario, and, subject to subparagraph (2), this 
contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

4.— (1) All insured acreage shall be harvested unless the Commis- 
sion, upon application therefor in writing, consents in writing to the 
abandonment or destruction of the insured crop or any part thereof 
and, in such case, the Commission shall determine, 

(a) the potential production of the unharvested acreage; and 

(b) whether the harvesting was prevented by one or more of 
the perils insured against. 

(2) Where an insured person fails to obtain the consent of the 
Commission in accordance with subparagraph (1), no indemnity shall 
be paid in respect of the unharvested acreage. 

Evaluation of Loss 

5. The amount of loss that shall be taken into account in the final 
adjustment of loss is the amount by which the coverage exceeds the 
sum of, 

(a) the actual yield in pounds of the insured crop multiplied by 
the established price; 

(b) the value as determined by the Commission of the potential 
production of acreage unharvested for reasons other than 
the insured perils; and 

(c) any loss sustained by reason of a peril other than the perils 
designated in the plan. 

6. Despite paragraph 5, where hail damaged grapes are sold by the 
insured person at less than the price negotiated for undamaged 
grapes by The Ontario Grape Grower's Marketing Board, for the 
purpose of determining yield, the actual production shall be counted 
in the ratio that the sale price of the damaged grapes bears to the 
market price for undamaged grapes negotiated by the Board. 

Notice of Loss or Damage 

7. -(1) Where, 

(a) loss or damage to the insured crop occurs; or 

(b) the insured crop or any part thereof is or is intended to be 
sold on a pick-your-own basis, 

the insured person shall notify the Commission in writing as soon as 



the damage occurs in order that a pre-harvest inspection may be 
made. 

(2) Where the insured person fails to notify the Commission 
under subparagraph (1), a claim by the insured person is invalid and 
the insured person's right to indemnity is forfeited. 

Misrepresentation, Violation of Conditions or Fraud 

8. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

9. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

10. Although a person other than the insured person holds an 
interest of any kind in the insured crop, for the purposes of this con- 
tract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 11, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

U. The insured person may assign all or part of the insured per- 
son's right to indemnity under this contract in respect of the insured 
crop but an assignment is not binding on the Commission and no 
payment of indemnity shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Adjustment of Loss 

12.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 



64 



Reg./Règl. 226 



ASSURANCE-RECOLTE 



Reg./Règl. 227 



(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under the contract shall be reduced accordingly. 

Prck)f of Lx)ss 

13.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 



Notice 

18.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be served by per- 
sonal delivery or by mailing it to the insured person's last known 
address on file with the Commission. 

(3) A written notice that is mailed shall be deemed to be served 
three days after it is mailed. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.,19., 



(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 11. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

14. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

IS.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

16. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

17. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 208, Form 1; O. Reg. 7/85, s. 3; O. Reg. 650/85, 
s. 5; O. Reg. 120/89, s. 2; O. Reg. 465/90, s. 2. 



REGULATION 227 

CROP INSURANCE PLAN FOR 
GREEN AND WAX BEANS 

1. The plan in the Schedule is established for the insurance within 
Ontarioof green and wax beans. R.R.O. 1980, Reg. 209, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 

PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Green and Wax Beans". 

2. The purpose of this Plan is to provide for insurance against a 
loss resulting from one or more of the perils designated in section 4. 



Definitigns 



3. In this plan. 



"average farm yield" means the average of previous yields of the 
seeded acreage computed by the Commission on the basis of acre- 
age production records of the insured person or such other basis as 
the Commission approves; 

"green and wax beans" means green and wax beans or either of them 
produced in Ontario for processing; 

"processor" means a person engaged in the business of processing 
green and wax beans; 

"ton" means 2,000 pounds. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 



65 



Reg./Règl. 227 



CROP INSURANCE 



Reg./Règ!. 227 



3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 

10. Wind. 

11. Any other adverse weather condition. 

Designation of Crop Year 

5. The crop year for green and wax beans is the period from the 1st 
day of March in any year to the 15th day of September next follow- 
ing. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
green and wax beans shall be deemed to be comprised of, 

(a) thecontract of insurance in Form 1; 

(b) the application for insurance; and 

(c) an amendment to any document referred to in clause (a) or 
(b) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; and 

(b) be filed with the Commission not later than the 1st day of 
May in the crop year or such other date as may be deter- 
mined by the Commission. 

Duration of Contract 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made. 

Coverage 

9.— (1) The coverage per acre provided in the crop year under a 
contract of insurance shall be 80 per cent of the average farm yield in 
tons. 

(2) The average yield for each acre of the insured crop shall be 
computed annually by the Commission on the basis of production 
records. 

(3) The number of tons per acre determined under subsections 
(1) and (2) multiplied by the number of insured acres constitutes the 
total guaranteed production under the contract of insurance. 

10. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 9 by the established price per ton determined under 
section 11. 

11. The established price for green and wax beans in each crop 
year shall be the base price established in the grower-processor mar- 
keting agreement as negotiated by the Vegetable Growers' Associa- 
tion with the processors. 



Premiums 

12.— (1) The total premium payable in respect of acreage under 
contract is $79 per acre. 

(2) Despite any authorization by an insured person in the insured 
person's application for insurance, the payment of the premium is 
the responsibility of the insured person and such premium shall be 
paid in any event not later than ten days after written demand there- 
for by the Commission. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

Final Date for Seeding 

13. For the purpose of this plan, the final date for seeding green 
and wax beans in a crop year is the 15th day of July or such other 
date as may be determined from time to time by the Commission. 

Final Date for Harvesting 

14. For the purposes of this plan, the final date for harvesting 
green and wax beans in a crop year is the 15th day of September or 
such other date as may be determined from time to time by the Com- 
mission. 



TABLE 


Percentage By-pass of 

Total Acreage Contracted 

by Processing Plant 


Maximum Insurance Liability 

(percentage of average 

farm yield) 


4.9 per cent or less 


80 


5 - 8.9 per cent 


70 


9 -12.9 per cent 


60 


13 per cent or more 


50 



R.R.O. 1980, Reg. 209, Sched.; O. Reg. 504/82, s. 1; O. Reg. 
263/83, s. 1; O. Reg. 355/84, s. 1; O. Reg. 289/85, ss. 1-4; O. Reg. 
205/86, ss. 1, 2; O. Reg. 318/87, s. 1; O. Reg. 324/89, s. 1; O. Reg. 
454/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 

OF the first part 



-and- 



of the of 

in the County (or as the case may be) of 

, hereinafter referred to as "THE 



INSURED PERSON", 



of the second part 



Whereas the insured person has applied for crop insurance on 
green and wax beans under The Ontario Crop Insurance Plan for 
Green and Wax Beans, hereinafter referred to as "the plan"; 



66 



Reg./Règl. 227 



ASSURANCE-RECOLTE 



Reg./Règl. 227 



Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, where in a crop year the insured 
person suffers a loss resulting from one or more of the perils desig- 
nated in the plan, the Commission, subject to the terms and condi- 
tions hereinafter set forth, agrees to indemnify the insured person in 
respect of such loss. 

TERMS AND CONDITIONS 

Causes of Loss Not Insured Against 

1. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease unless recommended 
spray programs were followed; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2. — (1) The insured person shall offer for insurance all acreage 
planted in the crop year to green and wax beans on the farm or farms 
operated by the insured person in Ontario, whether grown under 
contract or not and, subject to subparagraph (2), this contract 
applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that was planted after the final date prescribed for planting 
in the plan; or 

(c) that, in the opinion of the Commission, is not insurable. 

Variations in Pi.anted Acreage 

3.— (1) Where the acreage planted by the insured person in the 
crop year is not the same as that stated in the application for insur- 
ance, the insured person shall, not later than the 15th day of July, 
notify the Commission in writing of the actual acreage planted. 

(2) Where the actual planted acreage of the insured crop is less 
than that stated in the application for insurance, the maximum 
amount of indemnity shall be reduced proportionately. 

(3) Where the actual planted acreage of the insured crop is more 
than that stated in the application for insurance, the maximum 
amount of indemnity and the premium payable shall not be increased 
but the income from the total planted acreage shall be included in 
establishing the production of the insured person unless the proces- 
sor increases the contract acreage accordingly. 

Harvesting of Planted Acreage 

4.— (1) All acreage planted to the insured crop in the crop year 
shall be harvested as green and wax beans for processing unless the 
Commission, upon application therefor in writing, consents in writ- 
ing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) The final date for the harvesting referred to in subparagraph 



(1) is the 15th day of September or such other date as may be deter- 
mined from time to time by the Commission. 

(3) Where the harvesting of any planted acreage is not completed 
on the date prescribed by subparagraph (2), the insured person shall 
forthwith notify the Commission in writing. 

(4) Where an insured person fails to notify the Commission in 
accordance with subparagraph (3), no indemnity shall be paid in 
respect of the unharvested acreage. 

Evaluation of Loss 

5.— (1) Where loss or damage to three acres or more of the insured 
crop occurs at any time following the planting of the insured crop or 
any part thereof, the Commission upon application therefor in writ- 
ing by the insured person, may consent in writing to, 

(a) one replanting of the damaged acreage, provided that the 
replanting is completed not later than the 15th day of July; 

(b) the use of the damaged acreage for an alternate crop; or 

(c) the abandonment or destruction of the insured crop on such 
damaged acreage. 

(2) Where the damaged acreage is replanted to green and wax 
beans in accordance with clause (1) (a), the Commission shall pay to 
the insured person a supplementary benefit of $125 for each acre 
replanted and the contract of insurance shall continue to apply to 
such replanted acreage. 

(3) Where the damaged acreage is used for an alternate crop in 
accordance with clause (1) (b), the Commission shall pay to the 
insured person a supplementary benefit of $125 for each acre 
replanted, the replanted acreage shall be released from the contract 
of insurance and the guaranteed production and indemnity payable 
shall be reduced accordingly. 

(4) Where the planting of three acres or more of green and wax 
beans before the final planting date is prevented by one or more of 
the designated perils, an indemnity shall be paid in respect of each 
unplanted acre calculated on the basis of 25 per cent of the guaran- 
teed production per acre multiplied by the established price per ton. 

(5) Where an indemnity is paid under subparagraph (1) in respect 
of any acreage, 

(a) the acreage shall be released from the contract of insurance; 

(b) the guaranteed production and indemnity payable shall be 
reduced accordingly; and 

(c) the production from the acreage planted to green and wax 
beans after the final planting date shall not be taken into 
account in calculating the average farm yield. 

6.— (1) Where harvesting has been completed, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per ton. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) production delivered to and accepted by a processor; 

(b) production delivered to and rejected by a processor unless 
the rejection resulted from a cause of loss designated in the 
plan; 

(c) production harvested but not delivered to a processor; and 

(d) potential production of wholly or partially unharvested 



67 



Reg./Règl. 227 



CROP INSURANCE 



Reg./Règl. 227 



acreage unless the failure to harvest resulted from a cause 
of loss designated in the plan. 

(3) For the purpose of calculating actual production (yield of har- 
vested beans), whole bean yields shall be increased by a factor of 20 
per cent, irrespective of whether loss occurs under subparagraph (1). 

(4) Despite subparagraph (1), where all or any part of the insured 
acreage is by-passed due to an insured peril, the Commission, upon 
application therefor in writing by the insured person, may consent in 
writing to the release from the contract of insurance of the by-passed 
acreage and adjust the loss on such acreage without regard to the 
production of any remaining acreage. 

(5) Despite subparagraph (1), the indemnity payable in respect of 
by-passed acreage shall be calculated on the basis of the by-passing 
record of the processing plant to whom the crop is contracted in 
accordance with the Table. 

Misrepresentation, Violation of Conditions or Fraud 

7. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alterations 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Although a person other than the insured person holds an inter- 
est of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the insured per- 
son's right to indemnity under this contract in respect of the insured 
crop but an assignment is not binding on the Commission and no 
payment of indemnity shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 



Notice of Loss or Damage 

11. — (1) Where loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission forthwith by telephone and shall 
confirm in writing within twenty-four hours of such time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 
reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of the insured crop 
the actual production is less than the total guaranteed production, 
the insured person shall notify the Commission in writing forthwith. 

Notice of By-Passing 

12. Where acreage is by-passed by the processor, the insured per- 
son shall notify the Commission forthwith by telephone and confirm 
in writing within twenty-four hours. 

Abandonment, Destruction or Alternate Use 

13.— (1) Acreage planted to the insured crop shall not be put to 
another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage as green and wax beans for process- 
ing. 

Adjustment of Loss 

14.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 

(5) The indemnity payable with respect to the total planted acre- 
age in the final adjustment of loss shall be the sum of all loss calcula- 
tions applicable to such acreage, but where the actual production of 
any harvested acreage exceeds the guaranteed production of such 
acreage, the indemnity otherwise payable for a loss in production 
shall be reduced by the amount obtained by multiplying such excess 
by the established price per ton. 



68 



Reg./Règl. 227 



ASSURANCE-RECOLTE 



Reg./Règl. 228 



Proof of Loss 

15.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 10. 

(4) Where required by the Commission, the information given in 
a proof of loss shall be verified by statutory declaration. 

Arbitration 

16. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

17.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

18. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

19. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

20.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the person's last post office address on file with the Commission. 



In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 

Countersigned and dated at , this 

day of ,19 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 209, Form 1; O. Reg. 263/83, s. 2; O. Reg. 
355/84, s. 2; O. Reg. 205/86, s. 3; O. Reg. 318/87, s. 2; O. Reg. 
319/88, s. 1; O. Reg. 454/90, s. 2. 



REGULATION 228 

CROP INSURANCE PLAN FOR 
GREENHOUSE VEGETABLES 

1. The plan in the Schedule is established for the insurance within 
Ontarioof greenhouse vegetables. O. Reg. 310/89, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 

PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Greenhouse Vegetables". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of greenhouse vegetables resulting from one or 
more of the designated perils. 



Definitions 



3. In this plan. 



"average farm yield" means the average of previous yields of planted 
greenhouse vegetables computed by the Commission on the basis 
of production records provided by the Ontario Greenhouse Vege- 
table Producers Marketing Board or such other basis as the Com- 
mission determines; 

"greenhouse vegetables" means tomatoes and cucumbers produced 
in Ontario in a greenhouse or other enclosure under glass, plastic 
or other protective material used for the purpose of controlling 
temperature and providing protection for growing plants, but does 
not include seedlings planted in a starting greenhouse or other 
enclosure. 

Designation of Perils 

4. The following perils which result in the breakage in a green- 
house or other enclosure of glass, plastic or other protective material 
are designated as perils for the purpose of this plan: 

1. Hail. 

2. Hurricane. 

3. Ice. 

4. Snow load. 

5. Tornado. 

6. Wind. 



69 



Reg./Règl. 228 



CROP INSURANCE 



Reg./Règl. 228 



7. Flood as a resuit of excessive rain. 

Designation of Crop Year 

5. The crop year for greenhouse vegetables is the period from the 
15th day of December in any year to the 14th day of December next 
following. 

Contract of Insurance 

6. For the purpose of this plan, a contract of insurance is com- 
prised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; 

(c) the final planting report for each crop year; and 

(d) any amendment agreed upon in writing to a document 
referred to in clause (a), (b) or (c). 

7. An application for insurance shall, 

(a) be accompanied by a premium deposit of at least $100; and 

(b) be filed with the Commission not later than the first day of 
the crop year for which the application is made. 

8. A contract of insurance is conditional on the greenhouse or 
other enclosure containing the crop to be insured being properly con- 
structed and maintained. 

Duration of Contract 

9. — (1) A contract of insurance shall be in force for the crop year 
for which it is made and shall continue in force for each crop year 
thereafter until it is cancelled under subsection (2) or terminated in 
accordance with the contract of insurance. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the first day of the crop year for which the cancellation is to 
be effective. 

(3) Despite subsection (1), where the production of an insured 
crop extends beyond the crop year for which the crop is insured, the 
crop year is extended, and the contract of insurance remains in force, 
for that particular crop until the crop is harvested and removed from 
the greenhouse or enclosure in which it is grown. 

(4) Despite subsection (1), the contract of insurance ceases to 
apply to an insured crop when the crop is harvested and removed 
from the greenhouse or enclosure in which it is grown. 

Coverage 

10. The coverage provided under a contract of insurance for green- 
house vegetables grown by an insured person in accordance with the 
regulations is 80 per cent of the average farm yield expressed, 

(a) in pounds per square foot for tomatoes; and 

(b) in dozens per square foot for cucumbers. 

11. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance is the amount 
obtained by multiplying the established price for the insured crop by 
the coverage determined under section 10. 

12.— (1) For the purposes of this plan, the established price for 
cucumbers is, 

(a) $3.50 per dozen; or 



(b) $5 per dozen. 

(2) For the purposes 
toes is. 



of this plan, the established price for toma- 



(a) $0.40 per pound; or 

(b) $0.60 per pound. 

Premiums 
13.— (1) The premium for cucumbers is, 

(a) $3.60 per hundred square feet where the established price is 
$3.50 per dozen; or 

(b) $5.00 per hundred square feet where the established price is 
$5.00 per dozen. 

(2) The premium for tomatoes is, 

(a) $3.70 per hundred square feet where the established price is 
$0.40 per pound; or 

(b) $5.60 per hundred square feet where the established price is 
$0.60 per pound. 

(3) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

14.— (1) Where a contract of insurance is in force, the premium 
prescribed in subsections 13 (1) and (2) shall be paid in respect of 
each crop year in which the insured person produces greenhouse veg- 
etables. 

(2) Despite subsection (1), where an insured person harvests and 
removes the insured crop from the greenhouse before the end of the 
crop year and replants the area to the same crop, the replanted crop 
shall not be covered by the contract of insurance unless the insured 
person pays a premium in respect of the replanted crop within ten 
days after the planting of the crop is completed. 

(3) Where a premium is payable, the insured person shall pay the 
premium, less the premium deposit, if applicable, paid under subsec- 
tion (4), to the Commission at the time the insured person files a 
final planting report under section 15. 

(4) Where coverage is renewed, the insured person shall pay a 
premium deposit of at least $100 not later than ten days after the 
planting of the insured crop is completed. 

Final Planting Report 

15.— (1) Within ten days after the planting of an insured crop is 
completed in each crop year, every insured person shall file with the 
Commission, in a form provided by the Commission, a final planting 
report for each insured crop. 

(2) A final planting report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

16.— (1) The Commission may revise a final planting report in any 
or all respects and adjust the premium accordingly and shall, after 
any revision and adjustment, notify the insured person in writing 
immediately of such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final planting report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 



70 



Reg./Règl. 228 



ASSURANCE-RECOLTE 



Reg./Règl. 228 



insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notification from an insured 
person under subsection (2), the Commission shall notify the insured 
person in writing that the contract of insurance does not apply for the 
crop year in respect of which the final planting report was filed. 

(5) A final planting report revised under subsection (1) shall, if 
no notice is given under subsection (2) by the insured person, be 
deemed to be a final planting report for the insured crop in the crop 
year. 

17.— (1) Where an insured person does not file a final planting 
report in accordance with this Regulation, the Commission may, 

(a) prepare a final planting report in respect of the insured per- 
son; or 

(b) declare the insured crop to be nil. 

(2) Where the Commission prepares a final planting report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final planting report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. O. Reg. 310/89, Sched.; O. Reg. 448/90, 
s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario hereinafter 
referred to as the "THE COMMISSION", 



TERMS AND CONDITIONS 
Insured Crop 

1. In this contract, "insured crop" means greenhouse vegetables as 
defined in the plan. 

Causes of Loss Not Insured Against 

2. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor fanning practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3. — (1) The insured person shall offer for insurance all areas 
planted to the insured crop in each crop year in the greenhouse or 
greenhouses operated by the insured person in Ontario and, subject 
to subparagraph (2), this contract applies to all such areas. 

(2) This contract does not apply to an area where the insured 
crop has been harvested and removed from the greenhouse and the 
insured person has replanted the area to the insured crop without 
having paid a premium therefor. 

Harvesting of Insured Crop 

4. All greenhouse vegetables planted in a crop year shall be har- 
vested unless the Commission, upon application therefor in writing, 
consents in writing to the use of the greenhouse area or any part 
thereof for another purpose. 

Evaluation of Loss 

5. — (1) Where loss or damage occurs before the 15th day of March 
in a crop year, the Commission, upon application therefor in writing 
by the insured person, may consent in writing to, 

(a) replanting of the damaged crop to the insured crop; 

(b) replanting of the damaged crop to an alternate crop; or 



of the first part 



and 



of the of 

in the County of (as the case maybe) of , 

hereinafter referred to as "THE INSURED PERSON", 

OF THE second PART 

Whereas the insured person has applied for crop insurance on 
greenhouse vegetables under The Ontario Crop Insurance Plan for 
Greenhouse Vegetables, hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of greenhouse vegeta- 
bles resulting from one or more of the perils designated in the plan, 
the Commission, subject to the terms and conditions hereinafter set 
forth, agrees to indemnify the insured person in respect of such loss. 



(c) the use of the damaged area for any other purpose and, in 
such case, the Commission shall determine the number of 
damaged plants and the potential production thereof. 

(2) Where the damaged crop is replanted to the insured crop in 
accordance with clause (1) (a), a benefit of $0.75 for each cucumber 
plant and $0.50 for each tomato plant so replanted shall be paid and 
the contract of insurance shall continue to apply to such replanted 
crop. 

(3) Despite subparagraph (2), the replanting benefit shall only be 
payable to an insured person where a minimum of 200 plants is 
replanted to the insured crop after the Commission has inspected the 
area and approved the replanting in writing. 

(4) Where the damaged acreage is replanted to an alternate crop 
in accordance with clause (1) (b), the guaranteed production shall be 
reduced by one-half for the replanted area and the loss calculated 
thereunder shall be taken into account in the final adjustment of loss. 

(5) Where the damaged area is used for any other purpose in 
accordance with clause (1) (c), the loss calculated thereunder shall 
be taken into account in the final adjustment of loss. 

(6) Where harvesting has been completed for the insured crop. 



71 



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CROP INSURANCE 



Reg./Règl. 228 



the amount of loss that shall be taken into account in the final adjust- 
ment of loss in respect of the total planted area shall be calculated by 
multiplying the established price by the difference between the guar- 
anteed production as amended by subparagraph (4) or (5) and the 
actual production. 

Incorrect Calculation in Final Planting Report 

6.— (1) Where the actual number of greenhouse vegetables 
planted in a crop year is less than the amount declared on the final 
planting report, the total guaranteed production and the amount of 
insurance shall be reduced proportionately and no premium shall be 
refunded. 

(2) Where the actual number of greenhouse vegetables planted in 
a crop year exceeds the amount declared on the final planting report, 
production from the total greenhouse vegetables planted shall be 
counted and there shall be no increase in the total guaranteed pro- 
duction or the maximum indemnity payable. 

Misrepresentation, Violation of Conditions or Fraud 

7.— (1) Where, in respect of an insured crop, the insured person, 

(a) in an application for insurance or a final planting report, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

(2) Where an insured person, 

(a) has coverage in respect of two or more crops; and 

(b) forfeits the right to recover indemnity for one or more of 
those crops under subparagraph (1), 

the Commission may cancel the coverage obtained by the insured 
person in respect of any other crop. 

(3) Where the Commission cancels the coverage of a crop under 
subparagraph (2), the right of the insured person to recover indem- 
nity in respect of that crop is forfeited. 

Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Even if a person other than the insured person holding an inter- 
est of any kind in an insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the total guaranteed produc- 
tion; and 



(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the right to indem- 
nity under this contract in a crop year in respect of an insured crop 
but an assignment is not binding on the Commission and no payment 
of indemnity shall be made to an assignee unless the Commission 
consents to the assignment in writing. 

Notice of Loss or Damage 

11.— (1) Where loss or damage to an insured crop occurs and the 
insured person intends to replant or use the planted area for another 
purpose, the insured person shall notify the Commission in writing of 
such intention and shall take no further action without the consent in 
writing of the Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission in writing within twenty-four 
hours of such time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 
reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing. 

(4) Despite any notice given by the insured person under this 
paragraph, where, on completion of harvesting of an insured crop, 
actual production is less than the total guaranteed production, the 
insured person shall notify the Commission in writing forthwith. 

12.— (1) When the insured person experiences a loss or damage to 
the insured crop, the Commission may cause the production of an 
insured crop to be appraised by any method that it considers proper. 

(2) The loss in respect of an insured crop and the amount of 
indemnity payable therefor shall be determined separately for each 
insured crop. 

(3) No indemnity shall be paid for a loss in respect of an insured 
crop unless the insured person, 

(a) establishes the actual production obtained from the insured 
crop for the crop year; 

(b) establishes that the loss in production in the crop year 
resulted directly from one or more of the perils insured 
against; and 

(c) provides the Commission with such books, records, docu- 
ments or things as it may require to substantiate the loss in 
production. 

Proof of Loss 

13.— (1) A claim for indemnity in respect of an insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after the 
earlier of, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year in which the loss occurred. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made. 



72 



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ASSURANCE-RECOLTE 



Reg./Règl. 229 



(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the failure or refusal of the insured person to do so, 
by an assignee under an assignment made in accordance 
with paragraph 10. 

Arbitration 

14. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

15.— (1) Except as otherwise provided in the endorsement for an 
insured crop, no indemnity under this contract becomes due and pay- 
able until the end of the crop year in which the loss or damage was 
sustained. 

(2) When the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

16. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

17. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Death or Assignment Under the Bankruptcy Act (Canada) 

18. This contract terminates in respect of each insured crop at the 
end of the crop year in which the death of the insured person occurs 
or an authorized assignment is made by the insured person under the 
Bankruptcy Act (Canada). 

Notice 

19.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be served by per- 
sonal delivery or by mailing it to the insured person's last known 
address on file with the Commission. 

(3) A written notice that is mailed shall be deemed to be served 
three days after it is mailed. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Duly Authorized 
Representative 



General Manager 
O. Reg. 310/89, Form 1; O. Reg. 448/90, s. 2. 



REGULATION 229 

CROP INSURANCE PLAN FOR 
HAY AND PASTURE 

1. The plan in the Schedule is established for the insurance within 
Ontario of hay and pasture. R.R.O. 1980, Reg. 210, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Hay and Pasture". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of hay or pasture resulting from one or more of 
the perils designated in section 4. 



Definitions 



3. In this plan. 



Countersigned and dated at 

this day of ,19... 



"hay and pasture" means feed for livestock produced from grasses or 
legumes and, 

(a) fed as pasture, or 

(b) cut and stored as hay or hay silage; 

"normal production" means the value of production which might 
reasonably be expected from the insured acreage computed by the 
Commission on such basis as it approves. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Lack of heat. 

2. Lack of rainfall. 

3. Lack of sunshine. 

Designation of Crop Year 

5. The crop year for hay and pasture is the period from the 1st day 
of March in any year to the 31st day of August next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
hay and pasture shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for hay and pasture in Form 1; 

(c) an application for insurance; and 

(d) any amendment to a document referred to in clause (a), (b) 
or (c) agreed upon in writing. 



73 



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CROP INSURANCE 



Reg./Règl. 229 



7. An application for insurance shall, 

(a) be accompanied by the full premium which shall be a mini- 
mum of $50; and 

(b) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made or such 
other date as may be determined from time to time by the 
Commission. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9.— (1) The maximum coverage per acre shall be computed by the 
Commission on the basis of soil type, crop management and such 
other basis as the Commission may approve. 

(2) The insured person may select coverage per acre in any 
amount up to the maximum coverage as determined under subsec- 
tion (1). 

10. The maximum amount for which the Commission is liable 
under a contract of insurance is the coverage per acre multiplied by 
the number of insured acres. 

Premiums 



(4) The plan's loss to coverage ratio shall be calculated by divid- 
ing the total dollar value of the payments made by the Commission in 
respect of all claims made by insured persons under the plan for the 
number of years the plan has been in effect, by the total dollar value 
of coverage extended by the plan for the number of years it has been 
in effect, multiplied by 100. 

(5) The premium calculated in accordance with subsections (1), 
(2), (3) and (4) excludes payments in respect of premiums made by 
the Government of Canada under the Crop Insurance Act (Canada). 
R.R.O. 1980, Reg. 210, Sched.; O. Reg. 50/83, s. 1; O. Reg. 145/84, 
ss. 1, 2; O. Reg. 466/84, ss. 1-3; O. Reg. 461/90, s. 1. 

Form 1 



Crop Insurance Act (Ontario) 

HAY AND PASTURE ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
hay and pasture under The Ontario Crop Insurance Plan for Hay and 
Pasture, hereinafter referred to as "the plan", and has paid the pre- 
mium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover hay and pasture. 

Harvesting of Insured Acreage 

1. All acreage seeded to hay in a crop year shall be harvested or 
pastured unless the Commission, upon application therefor in writ- 
ing, consents in writing to. 



11.— (1) The Commission shall calculate the premium payable in 
the crop year by applying to the coverage selected for each acre of 
the insured crop a premium rate computed in accordance with the 
following formula: 

4% (100 + A) 

in which "A" is the surcharge or discount computed in accordance 
with subsection (2). 

(2) The Commission shall calculate the surcharge or discount 
using the following formula: 



W] 



100 



in which, 

"B" is the lesser of, 

(i) the number of years the insured person has been enrolled in 
the plan, and 

(ii) nine years, 

"C" is the insured person's loss to coverage ratio, and 

"D" is the plan's loss to coverage ratio. 

(3) The insured person's loss to coverage ratio shall be calculated 
by dividing the total dollar value of the payments made by the Com- 
mission to the insured person for the number of years the insured 
person has been enrolled in the plan by the total dollar value of the 
insured person's coverage for the number of years the insured person 
has been enrolled in the plan, multiplied by 100. 



(a) the use of the insured acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Evaluation of Loss 

2. The actual production of the insured acreage shall be computed 
by the Commission on the basis of daily temperature, hours of sun- 
light and rainfall for the area in which the insured acreage is situate, 
or on such other basis as the Commission approves. 

3.— (1) Where the actual production determined under paragraph 
2 is less than the normal production for that acreage as computed by 
the Commission, the amount of loss shall be calculated by the Com- 
mission as a percentage of the total coverage. 

(2) The percentage of the total coverage mentioned in subsection 
(1) shall be calculated by subtracting the percentage yield for the 
crop year as computed by the Commission from 80 per cent of the 
normal production as computed by the Commission and multiplying 
the result thereof by two. 

Incorrect Acreage 

4. Where the actual acreage of hay or pasture in a crop year is less 
than the acreage declared on the application, the amount of insur- 
ance may be reduced proportionately. 

R.R.O. 1980, Reg. 210, Form 1; O. Reg. 466/84, s. 4. 



74 



Reg./Règl. 230 



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Reg./Règl. 230 



REGULATION 230 
CROP INSURANCE PLAN FOR HONEY 

1. The plan in the Schedule is established for the insurance within 
Ontario of honey. O. Reg. 605/88, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 

PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Honey". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of honey resulting from one or more of the 
perils designated in section 4. 



Definitions 



3. In this plan. 



"average farm yield" means the average of previous yields per insur- 
able hive, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the hive production records 
of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the hive production records of the insured 
person or on another basis that is reasonable in the circum- 
stances, where the insured person has not been enrolled in 
the plan for ten years; 

"establishment" means a plant, factory or premises where honey is 
extracted, packed, processed or used in connection with any man- 
ufacturing process and includes a packing plant and a pasteurizing 
plant; 

"honey" means pure honey produced in Ontario. 

Designation of Perii.s 

4. The following are designated as perils for the purposes of this 
plan: 

1. Cool weather. 

2. Disease in the bees. 

3. Drought. 

4. Excessive moisture. 

5. Excessive rainfall. 

6. Flood. 

7. Frost. 

8. Hail. 

9. Pest infestation. 
10. Wildlife. 

n. Wind. 

Designation of Crop Year 

5. The crop year for honey is the period from the 1st day of May in 
any year to the last day of April of the next year. 



Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
honey is comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; and 

(c) the final hive report for each crop year. 

7. An application for insurance or for renewal of insurance shall 
be, 

(a) in a form provided by the Commission; 

(b) accompanied by a minimum premium deposit of $100; and 

(c) filed with the Commission not later than the 1st day of May 
in the crop year in respect of which it is made. 

8. All hives in which the insured person has a substantial interest 
shall be insured under one contract. 

Duration of Contract 

9.— (1) A contract of insurance is in force for the crop year in 
respect of which it is made and continues in force for each crop year 
thereafter until cancelled by the insured person or the Commission in 
the manner set out in subsection (2) or otherwise terminated in 
accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by written notice to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to take effect. 

Coverage 

10. For the purpose of calculating the average farm yield, the 
Commission shall, on an annual basis, compare the actual yield in 
each year of the ten-year period used to calculate the average farm 
yield with the average yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted^ Actual 2 rActual_ /Average ^ , 3 \"| 
Yield Yield 3 L Yield V Yield ' /J 

(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual , 2 
Yield Yield 3 



K Average ^ q y\_ Actual "j 
Yield ■ / Yield J 



11. — (1) The initial coverage provided under a contract of insur- 
ance shall be 70 per cent of the average farm yield in pounds multi- 
plied by the total number of insurable hives. 

(2) The coverage provided under a contract of insurance follow- 
ing a year in which there was no claim shall be, 

(a) if the previous year's coverage was 70 per cent, 73 per cent; 

(b) if the previous year's coverage was 73 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 78 per cent; 

(d) if the previous year's coverage was 78 per cent, 80 per cent; 
and 



75 



Reg./Règl. 230 



CROP INSURANCE 



Reg./Règl. 230 



(e) if the previous year's coverage was 80 per cent, 80 per cent, 

of the average farm yield in pounds multiplied by the total number of 
insurable hives. 

(3) The coverage provided under a contract of insurance follow- 
ing a year in which there was a claim shall be, 

(a) if the previous year's coverage was 80 per cent, 78 per cent; 

(b) if the previous year's coverage was 78 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 73 per cent; 

(d) if the previous year's coverage was 73 per cent, 70 per cent; 
and 

(e) if the previous year's coverage was 70 per cent, 70 per cent, 

of the average farm yield in pounds multiplied by the total number of 
insurable hives. 

(4) Despite subsections (2) and (3), if in any year a claim is paid 
in an amount that is less than one-half of the total premium for that 
year, the coverage for the following year shall remain unchanged. 

12. For the purpose of this plan, the established price for honey is, 

(a) $0.50 per pound; or 

(b) $0.60 per pound. 

13. For the purposes of section 11, the maximum amount for which 
the Commission is liable under a contract of insurance for a loss in 
production is the amount obtained by multiplying the coverage 
determined under that section by the established price under section 
12. 

Premium 

14.— (1) The total premium for honey is, 

(a) $4.60 per hive where the established price is $0.50 per 
pound; or 

(b) $5.60 per hive where the established price is $0.60 per 
pound. 

(2) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

15. The insured person shall pay the premium to the Commission, 

(a) at the time the final hive report is filed; or 

(b) at the time set out in subsection 18 (3). 

Final Hive Report 

16. — (1) Every insured person shall file with the Commission not 
later than the 1st day of July in each crop year a final hive report set- 
ting out the total number of insurable hives in a form provided by the 
Commission. 

(2) Weak hives shall not be included in the calculation of the total 
number of insurable hives made under subsection (1). 

(3) A final hive report filed with the Commission shall not be 
amended without the written consent of the Commission. 

17.— (1) When the final hive report is inaccurate, the Commission 
may correct it and adjust the premium accordingly and shall notify 
the insured person in writing forthwith of the correction and the rea- 
son for it. 



(2) The insured person shall be deemed to have agreed with the 
correction of the hive report made under subsection (1) unless the 
insured person notifies the Commission in writing that the insured 
person rejects the correction within ten days after the Commission 
notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Upon notice that a correction is not acceptable, the contract 
of insurance ceases to apply for the crop year in respect of which the 
final hive report was filed and the Commission shall refund any pre- 
mium or premium deposit paid in respect of that crop year. 

(5) If no notice is given under subsection (2), a final hive report 
corrected under this section constitutes the final hive report for the 
crop year. 

18.— (1) If an insured person in any crop year fails to file a final 
hive report as required by this Regulation, the Commission may, 

(a) prepare the final hive report; or 

(b) declare the number of insured hives to be nil. 

(2) The Commission shall serve a copy of a final hive report made 
under subsection (1) on the insured person either by personal deliv- 
ery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final hive report is prepared by the Commission 
within ten days after the insured person has been served with a copy 
of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Insurability 

19. In order to be insurable, a person must be registered under the 
Bees Act to keep bees. 

20. For the purposes of this plan, the minimum number of insur- 
able hives is fifty. 

21.— (1) In order to be insurable, a hive must be properly stocked 
with bees known a&Apis mellifera. 

(2) Hives intended for the production of new queen bees are not 
insurable. O. Reg. 605/88, Sched.; O. Reg. 313/89, s. 1; O. Reg. 
468/90,8. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario, hereinafter 
referred to as the "Commission" 

of the first part 



76 



Reg./Règl. 230 



ASSURANCE-RECOLTE 



Reg./Règl. 230 



and ■ 



of the of 

in the County (or as the case may be) of 

hereinafter referred to as the "INSURED PERSON" 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
honey under the Ontario Crop Insurance Pian — Honey, hereinafter 
referred to as the "plan". 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of honey resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Causes of Loss Not Insured Against 

1. This contract does not apply to and no indemnity shall be paid 
in respect of a loss in the production of the insured crop resulting 
from, 

(a) the negligence, misconduct or poor production practices of 
the insured person or of an agent or employee of the 
insured person; 

(b) a shortage of labour or equipment; 

(c) pest infestation or disease in the bees unless recommended 
control programs were followed; and 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2. The insured person shall offer for insurance all insurable hives 
in Ontario in which the insured person has a substantial interest and 
this contract of insurance applies to all such hives. 

Incorrect Number of Hives in Final Hive Report 

3.— (1) If the actual number of insurable hives in a crop year is 
fewer than the number declared in the final hive report, 

(a) the coverage shall be decreased proportionately in calculat- 
ing whether there has been a loss; and 

(b) the actual production shall be used in calculating the aver- 
age farm yield in order to determine coverage for the fol- 
lowing crop year. 

(2) If the actual number of insurable hives in a crop year is fewer 
than the number declared in the final hive report, the Commission 
shall not refund any part of the premium. 

(3) If the number of insurable hives in a crop year exceeds the 
number declared in the final hive report, the actual production shall 
be used in calculating whether there has been a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced in proportion to the number of 
hives declared in the final hive report. 



in calculating the average farm yield in order to determine coverage 
for the following crop year. 

Harvesting of Hives 

4.— (1) All hives insured in the crop year shall be harvested unless 
the Commission, upon written application, consents in writing to the 
abandonment or destruction of the insured crop or any part of it. 

(2) If the harvesting of any hives is not completed and the failure 
to harvest was not caused by a designated peril, the contract of insur- 
ance ceases to apply to the unharvested hives and no indemnity shall 
be payable for it. 

Misrepresentation, Violation of Conditions or Fraud 

5. A claim by the insured person under this contract is invalid and 
the right of the insured person to recover indemnity is forfeited if 
that person, 

(a) in the application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated in the application; 

(b) contravenes a term or condition of this contract; 

(c) commits a fraud in respect of the insured crop; or 

(d) knowingly makes a false statement in respect of a claim 
under this contract. 

Waiver or Alteration 

6. No term or condition of this contract is deemed to be waived or 
altered in whole or in part by the Commission unless the waiver or 
alteration is clearly expressed in writing and signed by the Commis- 
sion or a representative authorized for that purpose by the Commis- 
sion. 

Assignment of Rights to Indemnity 

7.— (1) The insured person may assign all or part of the right to 
indemnity under this contract in respect of the insured crop. 

(2) An assignment is not binding on the Commission and the 
Commission shall not pay an indemnity to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission gives written consent to the assignment. 

Interest of Other Persons 

8. Despite the interest of any person other than the insured in the 
insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the coverage; and 

(b) except as provided in paragraph 7, no indemnity shall be 
paid to any person other than the insured person. 

Evaluation of Loss 

9.— (1) The amount of loss that is taken into account in the final 
adjustment of loss in respect of the total number of insured hives 
shall be calculated by multiplying the established price by the differ- 
ence between the coverage and the actual production. 



77 



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CROP INSURANCE 



Reg./Règl. 230 



(2) For the purpose of subparagraph (1), actual production 
includes, 

(a) production delivered to and accepted by an establishment; 

(b) production delivered to and rejected by an establishment 
unless the rejection resulted from a designated peril; 

(c) production harvested but not delivered to an establishment; 
and 

(d) potential production of wholly or partially unharvested 
hives unless unharvested due to normal production prac- 
tices or unless the failure to harvest resulted from a desig- 
nated peril. 

(3) For the purpose of calculating actual production, comb honey 
yields shall be multiplied by a factor of 3, irrespective of whether loss 
occurs under subparagraph (1). 

Notice of Loss or Damage 

10.— (1) When loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, the 
insured person shall notiiy the Commission in writing of the inten- 
tion and shall take no further action without the written consent of 
the Commission. 

(2) When loss or damage to the insured crop occurs and the dam- 
age was occasioned at a readily ascertainable time, the insured per- 
son shall notify the Commission in writing within twenty-four hours 
of that time. 

(3) When loss or damage to the insured crop occurs and it 
appears or ought reasonably to appear, to the insured person at any 
time before the completion of harvesting of the insured crop that the 
production of the insured crop may be reduced by the loss or dam- 
age, the insured person shall notify the Commission in writing as 
soon as the loss or damage is apparent. 

(4) Despite any notice given by the insured person under this 
paragraph, when, on completion of harvesting of the insured crop, 
the actual production is less than the coverage, the insured person 
shall notify the Commission in writing forthwith. 

Abandonment or Destruction 

11.— (1) The insured crop shall not be abandoned or destroyed 
until the Commission has appraised the potential production of the 
hives using an appraisal method that is reasonable in the circum- 
stances. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised hives. 

Adjustment of Loss 

12.— (1) When the insured person experiences a loss or damage to 
the insured crop, the Commission may cause the production of the 
insured crop to be appraised by any method that is reasonable in the 
circumstances. 

(2) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) what actual production was obtained from the insured crop 
for the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the designated perils. 

(3) Where a loss in production resulted partly from a designated 
peril and partly from a cause of loss not insured against, the Commis- 
sion shall determine the amount of the loss that resulted from the 



cause of loss not insured against and shall reduce the indemnity pay- 
able under this contract accordingly. 

(4) Subject to subparagraph (5), the indemnity payable with 
respect to the total number of insured hives, in the final adjustment 
of loss, shall be the sum of all loss calculations applicable to such 
hives. 

(5) When the actual production of any harvested hives exceeds 
the coverage applicable to those hives, the indemnity otherwise pay- 
able for a loss in production shall be reduced by the amount obtained 
by multiplying the excess by the established price. 

Proof of Loss 

13.— (1) An insured person, except as set out in subparagraph (2), 
shall claim an indemnity in respect of the insured crop on a Proof of 
Loss Form provided by the Commission and shall file the form with 
the Commission not later than sixty days after the earlier of, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year. 

(2) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by an authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made under paragraph 7. 

(3) When it is reasonable in the circumstances, the information 
given in a Proof of Loss Form shall be verified by statutory declara- 
tion. 

Arbitration 

14. When the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with 
Regulation 215 of Revised Regulations of Ontario, 1990. 

Time for Payment of Indemnity 

15.— (1) No indemnity under this contract is due and payable 
until, 

(a) the end of the crop year; and 

(b) the payment in full of the premium. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a Proof of Loss Form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the Proof of Loss 
Form or award, as the case may be. 

Subrogation 

16. When the Commission has paid a claim for indemnity under 
this contract, the Commission is subrogated to the extent of the pay- 
ment to all rights of recovery of the insured person against any per- 
son and may bring action in the name of the insured person to 
enforce those rights. 

Right of Entry 

17. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time for any purpose related to the contract of insur- 
ance. 



78 



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ASSURANCE-RECOLTE 



Reg./Règl. 231 



Notice 

18.— (1) Any written notice to the Commission shall be given by 
delivering it or mailing it to the Commission. 

(2) Written notice to the insured person shall be given by deliver- 
ing it or mailing it to the insured person at the insured person's last 
post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.,19., 



Duly Authorized 
Representative 



General Manager 
O. Reg. 605/88, Form 1; O. Reg. 468/90. s. 2. 



REGULATION 231 
CROP INSURANCE PLAN FOR LIMA BEANS 

1. The plan in the Schedule is established for the insurance within 
Ontario of lima beans. R.R.O. 1980, Reg. 212, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Lima Beans". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of lima beans resulting from one or more of 
the perils designated in section 4. 



Definitions 



3. In this plan. 



"average farm yield" means the average of previous yields of the 
planted acreage computed by the Commission on the basis of acre- 
age production records of the insured person or such other basis as 
the Commission determines; 

"processor" means a person engaged in the business of processing 
lima beans; 

"lima beans" means lima beans produced in Ontario for processing; 

"ton" means 2,000 pounds. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 



5. 


Frost. 


6. 


Hail. 


7. 


Insect infestation. 


8. 


Plant disease. 


9. 


Wildlife. 


10. 


Wind. 



1 1 . Any adverse weather condition. 

Designation of Crop Year 

5. The crop year for lima beans is the period from the 1st day of 
March in any year to the 15th day of October next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
lima beans shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; and 

(c) an amendment to any document referred to in clause (a) or 
(b) agreed upon in writing. 

7. An application for insurance shall, be filed with the Commission 
not later than the 1st day of May or such other date as may be deter- 
mined from time to time by the Commission. 

Duration of Contract 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made unless it is terminated in accordance with 
the regulations. 

Coverage 

9. The total guaranteed production under a contract of insurance is 
80 per cent of the average farm yield of the insured person as deter- 
mined by the Commission multiplied by the number of insured acres. 

10. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 9 by the established price per ton determined under 
section 11. 

11. The established price for lima beans shall be determined by the 
Commission in each crop year on the basis of the grower-processor 
marketing agreement. 

Premiums 

12.— (1) The total premium payable in respect of acreage under 
contract to a processor is $76 per acre. 

(2) Despite any authorization by an insured person in an applica- 
tion for insurance, the payment of the premium in respect of the con- 
tract of insurance is the responsibility of the insured person and such 
premium shall be paid in any event not later than the 15th day of 
October in the crop year. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

Final Date for Seeding 

13. For the purposes of this plan, the final date for planting lima 



79 



Reg./Règl. 231 



CROP INSURANCE 



Reg./Règl. 231 



beans in a crop year is the 1st day of July or such other date as may 
be determined from time to time by the Commission. 

Final Date for Harvesting 

14. For the purposes of this plan, the final date for harvesting lima 
beans in a crop year is the 15th day of October or such other date as 
may be determined from time to time by the Commission. R.R.O. 
1980, Reg. 212, Sched.; O. Reg. 350/81, s. 1; O. Reg. 503/82, s. 1; 
O. Reg. 358/84, s. 1; O. Reg. 206/86, s. 1; O. Reg. 317/87, ss. 1-3; 
O. Reg. 457/90, s. 1. 

TABLE 



Percentage By-passed 


Maximum Insurance 


of Total Acreage 


Liability 


Contracted by 


(percentage of 


Processing Plant 


average farm yield) 


4.9 per cent or less 


80 


5 - 8.9 per cent 


70 


9 - 12.9 per cent 


60 


13 per cent or more 


50 



R.R.O. 1980, Reg. 212, Table; O. Reg. 206/86, s. 2. 
Form 1 
Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinaf- 
ter referred to as "THE COMMISSION", 



OF THE FIRST PART 



-and- 



of the of 



in the County (or as the case may be) of 

hereinafter referred to as "THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
lima beans under The Ontario Crop Insurance Plan for Lima Beans 
hereinafter referred to as "the plan". 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of lima beans resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Causes of Loss Not Insured Against 

1. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss in the production of the insured crop result- 
ing from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the person's agents or employees; 

(b) a shortage of labour or machinery; 



(c) insect infestation or plant disease unless recommended 
spray programs were followed; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
planted in the crop year to lima beans on the farm or farms operated 
by the person in Ontario, whether grown under contract or not and, 
subject to subparagraph (2), this contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that was planted after the final date prescribed for planting 
in the plan; or 

(c) that, in the opinion of the Commission, is not insurable. 

Variation in Pijvnted Acreage 

3.— (1) Where the acreage planted by the insured person in the 
crop year is not the same as that stated in the application for insur- 
ance, the insured person shall, not later than the 15th day of July or 
such other date as may be determined by the Commission, notify the 
Commission in writing of the actual acreage planted. 

(2) Where the actual planted acreage of the insured crop is less 
than that stated in the application for insurance, the total guaranteed 
production and the maximum amount of the indemnity shall be 
reduced proportionately. 

(3) Where the actual planted acreage of the insured crop is more 
than that stated in the application for insurance, unless the processor 
increases the contract acreage accordingly, the total guaranteed pro- 
duction, the maximum amount of indemnity and the premium pay- 
able shall not be increased but the production from the total planted 
acreage shall be included in establishing the production of the 
insured person. 

Harvesting of Planted Acreage 

4.— (1) All acreage planted to the insured crop in the crop year 
shall be harvested as lima beans for processing unless the Commis- 
sion, upon application therefor in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) The final date for the harvesting referred to in subparagraph 
(1) is the 15th day of October or such other date as may be deter- 
mined from time to time by the Commission. 

(3) Where the harvesting of any planted acreage is not completed 
on the date prescribed by subparagraph (2), the insured person shall 
forthwith notify the Commission in writing. 

(4) Where an insured person fails to notify the Commission in 
accordance with subparagraph (3), no indemnity shall be paid in 
respect of the unharvested acreage. 

Misrepresentation, Violation of Conditions or Fraud 

5. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 



80 



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ASSURANCE-RECOLTE 



Reg./Règl. 231 



(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the person's right to 
recover indemnity is forfeited. 

Waiver or Alteration 

6. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

7. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the total guaranteed produc- 
tion; and 

(b) except as provided in paragraph 8, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

8. The insured person may assign all or part of the person's right to 
indemnity under this contract in respect of the insured crop but an 
assignment is not binding on the Commission and no payment of 
indemnity shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Evaluation of Loss 

9.— (1) Where the planting of three acres or more of lima beans 
before the final planting date is prevented by one or more of the des- 
ignated perils, an indemnity shall be paid in respect of each 
unplanted acre calculated on the basis of 20 per cent of the guaran- 
teed production per acre multiplied by the established price per ton. 

(2) Any acreage in respect of which an indemnity is paid under 
subparagraph (1) shall be released from the contract of insurance, 
the guaranteed production and indemnity payable shall be reduced 
accordingly and the production from any such acreage planted to 
lima beans after the final planting date shall not be taken into 
account in calculating the average farm yield. 

10.— (1) Where loss or damage to three acres or more of the 
insured crop occurs at any time following the planting of the insured 
crop or any part thereof, the Commission, upon application therefor 
in writing by the insured person, may consent in writing to, 

(a) the replanting of the damaged acreage, if the replanting is 
completed not later than the 1st day of July; 

(b) the use of the damaged acreage for an alternate crop; or 

(c) the abandonment or destruction of the insured crop on such 
damaged acreage. 

(2) Where the damaged acreage is replanted to lima beans in 



accordance with clause (1) (a), the Commission shall pay to the 
insured person a supplementary benefit of $25 for each acre 
replanted and the contract of insurance shall continue to apply to 
such replanted acreage. 

(3) Where the damaged acreage is used for an alternate crop in 
accordance with clause (1) (b), the Commission shall pay to the 
insured person a supplementary benefit of $25 for each acre 
replanted, the replanted acreage shall be released from the contract 
of insurance and the guaranteed production and indemnity payable 
shall be reduced accordingly. 

11.— (1) Where harvesting has been completed, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per ton. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) production delivered to and accepted by a processor; 

(b) production delivered to and rejected by a processor unless 
the rejection resulted from a cause of loss designated in the 
plan; 

(c) production harvested but not delivered to a processor; and 

(d) potential production of wholly or partially unharvested 
acreage unless the failure to harvest resulted from a cause 
of loss designated in the plan. 

(3) Despite subparagraph (1), where all or any part of the insured 
acreage is by-passed due to an insured peril, the Commission, upon 
application therefor in writing by the insured person, may consent in 
writing to the release from the contract of insurance of the by-passed 
acreage and adjust the loss on such acreage without regard to the 
production of any remaining acreage. 

(4) Despite subparagraph (1), the indemnity payable in respect of 
by-passed acreage shall be calculated on the basis of the by-passing 
record of the processing plant to whom the crop is contracted in 
accordance with the Table. 

Notice of Loss or Damage 

12.— (1) Where loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission in writing within twenty-four 
hours of such time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 
reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of the insured crop 
the actual production is less than the total guaranteed production, 
the insured person shall notify the Commission in writing forthwith. 

Notice of By-Passing 

13. Where acreage is by-passed by the processor, the insured per- 



8t 



Reg./Règl. 231 



CROP INSURANCE 



Reg./Règl. 232 



son shall notify the Commission forthwith by telephone and confirm 
in writing within twenty-four hours. 

Abandonment, Destruction or Alternate Use 

14.— (1) Acreage planted to the insured crop shall not be put to 
another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage. 

Adjustment of Loss 

15.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it considers proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 

(5) The indemnity payable with respect to the total planted acre- 
age in the final adjustment of loss shall be the sum of all loss calcula- 
tions applicable to such acreage, but where the actual production of 
any harvested acreage exceeds the guaranteed production of such 
acreage, the indemnity otherwise payable for a loss in production 
shall be reduced by the amount obtained by multiplying such excess 
by the established price per ton. 

Proof of Loss 

16.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the person's failure or refusal to do so, by an assignee 
under an assignment made in accordance with paragraph 8. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

17. Where the Commission and the insured person fail to resolve 



any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

18.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

19. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

20. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

21.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the person's last post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



19. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 212, Form 1; O. Reg. 503/82, s. 2; O. Reg. 
358/84, s. 2; O. Reg. 206/86, s. 3; O. Reg. 317/87, s. 4. 



REGULATION 232 
CROP INSURANCE PLAN FOR OIL SEED 

1. The plan in the Schedule is established for the insurance within 
Ontario of oil seed. O. Reg. 297/84, s. 1 . 



82 



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ASSURANCE-RECOLTE 



Reg./Règl. 232 



Schedule 

Crop Insurance Act (Ontario) 
PART I-PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Oil Seed". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of oil seed resulting from one or more of the 
perils designated in section 4. 

Dehnitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"bushel", where used in respect of soybeans, means 60 pounds of 
soybeans whose moisture content does not exceed 14 per cent; 

"canola" means canola whose moisture content does not exceed 10 
per cent; 

"oil seed" means canola or soybeans, or both, that are produced in 
Ontario. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for oil seed is the period from the 1st day of 
March in any year to the 30th day of June in the calendar year next 
following. 

Contract of Insurance 

6. Fpr the purposes of this plan, the entire contract of insurance 
for oil seed shall be deemed to be comprised of. 



(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for oil seed in Form 1; 

(c) the application for insurance; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a minimum premium deposit of $1 per 
acre; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

Duration of Contract' 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

9.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to oil seed. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time the person files the final acreage 
report prescribed by section 10. 

Final Acreage Reports 

10.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage to oil seed is 
completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

11.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and shall 
notify the insured person in writing forthwith respecting any revision 
and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the person rejects the revision within ten days after the 
Commission notification is served on the person. 

(3) For the purpose of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 



83 



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Reg./Règl. 232 



(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

12.— (1) Where an insured person in any crop year fails to file a 
final acreage report as required by subsection 10 (1), the Commis- 
sion may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of a final acreage report 
made under subsection (1) on the insured person either by personal 
delivery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Planting Date 

13. For the purposes of this plan, the final date for planting oil 
seed in a crop year is the 1st day of July or such other date as may be 
determined from time to time by the Commission. 

PART II-CANOLA 

14. For the purpose of calculating the average farm yield for 
canola, the Commission shall, on an annual basis, compare the 
actual yield in each year of the ten-year period used to calculate the 
average farm yield with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual 2 rActual_ /Average , ■i\~\ 
Yield Yield 3 L Yield \ Yield " )j 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual , 2 
Yield Yield 3 



+ : r/ Average ^ q .^V Actual "I 
L\ Yield ■ / Yield J 



15.— (1) Subject to subsections (4) and (5), the initial coverage 
provided under a contract of insurance shall be 75 per cent of the 
average farm yield in pounds of the total acreage planted to canola 
by the insured person. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 



of the average farm yield in pounds of the total acreage planted to 
canola by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in pounds of the total acreage planted to 
canola by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

16. The maximum indemnity payable for a loss in production of 
canola in a crop year is the amount obtained by multiplying the total 
guaranteed production determined under section 15 by the estab- 
lished price per pound determined under section 17. 

17.— (1) For the purpose of this plan, the established price for 
canola is, 

(a) $0.09 per pound; 

(b) $0.11 per pound; or 

(c) the floating price per pound determined under subsection 
(2). 

(2) The floating price per pound is the greater of, 

(a) $0. 10 per pound; and 

(b) the average calculated by the Commission of the daily 
prices per pound of canola at Hamilton and Windsor, 
Ontario as determined by the Farm Market News for the 
period from the 15th day of August to the 7th day of Sep- 
tember in a crop year, minus $0.002 per pound. 

18.— (1) The total premium for canola is, 

(a) $11.80 per acre where the established price is $0.09 per 
pound; 

(b) $14.60 per acre where the established price is $0.11 per 
pound; 

(c) $17.80 per acre where the established price is the floating 
price per pound. 

(2) The premium prescribed by subsection (1) includes payments 



84 



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Reg./Règl. 232 



in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

(3) Despite subsection (1), the total premium is 80 per cent of the 
total premium prescribed by subsection (1) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person for canola exceed indemnity paid. 

PART III-SOYBEANS 

19. For the purpose of calculating the average farm yield for soy- 
beans, the Commission shall, on an annual basis, 

(a) calculate for each year in the ten-year period a factored 
yield by applying to the actual yield the factor designated 
for the year in Table 2; and 

(b) compare the factored yield in each year with the average of 
the factored yields and, 

(i) if the factored yield in a year exceeds the insured 
person's ten year average by more than 30 per cent, 
shall adjust the factored yield according to the for- 
mula. 

Adjusted _ Factored _ 2 FFactored _ /Average , , N"! 
Yield Yield sL Yield V Yield ' /J 



(ii) if the factored yield in a year falls short of the 
insured person's ten year average by more than 30 
per cent, shall adjust the factored yield according to 
the formula. 

Adjusted _ Factored 2 F/ Average ^ q^\_ Factored"] 
Yield Yield 3 L\ Yield " / Yield J 

20.— (1) Subject to subsections (4) and (5), the initial coverage 
provided under a contract of insurance shall be 75 per cent of the 
average farm yield in bushels of the total acreage planted to soybeans 
by the insured person. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent. 



(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in bushels of the total acreage planted to 
soybeans by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

21. The maximum indemnity payable for a loss in production of 
soybeans in a crop year is the amount obtained by multiplying the 
total guaranteed production determined under section 20 by the 
established price per bushel determined under section 22. 

22.— (1) The established price for soybeans is, 

(a) $5.80 per bushel; 

(b) $7.00 per bushel; or 

(c) the floating price per bushel determined under subsection 
(2). 

(2) The floating price per bushel is the greater of, 

(a) $6.40 per bushel; and 

(b) the average calculated by the Commission of the daily 
prices per bushel of soybeans at Chatham, Ontario as deter- 
mined by the Farm Market News for the period from the 1st 
day of October to the 21st day of October in a crop year, 
minus $0.08 per bushel. 

(3) Where, 

(a) the insured person applies therefor in writing on or before 
the 1st day of May in a crop year; and 

(b) the Commission consents in writing, 

any established price designated in subsection (1) may be substituted 
for the established price selected by the insured person at the time a 
contract of insurance is made, or any established price substituted in 
lieu thereof under this section. 



of the average farm yield in pounds of the total acreage planted to 
soybeans by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 



(4) Where, upon any renewal, the insured person fails to select 
an established price under subsection (3), the Commission may des- 
ignate the established price applicable to the contract for the crop 
year. 

23.— (1) The total premium for soybeans is, 

(a) $9.00 per acre where the established price is $5.80 per 
bushel; 



85 



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CROP INSURANCE 



Reg./Règl. 232 



(b) $10.80 per acre where the estabHshed price is $7.00 per 
bushel; and 

(c) $12.40 per acre where the estabHshed price is the floating 
price per bushel. 

(2) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

(3) Despite subsection (1), the total premium is 80 per cent of the 
total premium prescribed by subsection (1) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person for soybeans exceed indemnity paid. 
O. Reg. 297/84, Sched.; O. Reg. 295/85, ss. 1, 2; O. Reg. 
312/87, ss. 1-8; O. Reg. 279/88, s. 1; O. Reg. 299/89, s. 1; 
O. Reg. 453/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

OIL SEED ENDORSEMENT 

Whereas the insured person has applied for crop insurance for oil 
seed under The Ontario Crop Insurance Plan for Oil Seed, hereinaf- 
ter referred to as "the plan", and has paid the deposit premium pre- 
scribed thereunder. 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover oil seed. 

Harvesting of Planted Acreage 

1.— (1) All acreage planted to oil seed in a crop year shall be har- 
vested unless the Commission, upon application therefor in writing, 
consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) Where the harvesting of any planted acreage is not completed 
and the failure to harvest was not caused by an insured peril, the con- 
tract of insurance ceases to apply to the unharvested acreage and no 
indemnity is payable therefor. 

Evaluation of Loss 

2.— (1) An indemnity shall be paid for the acreage set out in sub- 
paragraph (2) in the amount set out in subparagraph (3), where, 

(a) all of the acres planted to the crops listed in Table 1 to this 
Regulation are offered for insurance; 

(b) the insured person elects the indemnity on the application 
for insurance; 

(c) the insured person pays a premium deposit of $1 for each 
acre intended to be planted to the crops listed in Table 1; 

(d) one or more of the designated perils prevents the planting, 

(i) of three acres or more, in the case of systematically 
tile drained land, or 



(ii) of six acres or more, in the case of land that is not 
systematically tile drained; and 

(e) the insured person notifies the Commission of the person's 
inability to plant the acres to the crops listed in Table 1 by 
the 15th day of June in the crop year. 

(2) The indemnity shall be paid, 

(a) for each unplanted acre, in the case of systematically tile 
drained land; or 

(b) for each unplanted acre in excess of three unplanted acres, 
in the case of land that is not systematically tile drained. 

(3) The amount of the indemnity shall be one-third of the guaran- 
teed production per acre of the crop with the highest priority, in 
Table 1, of the crops intended to be planted and insured by the 
insured person multiplied by the established price for that crop. 

(4) Where the insured person has elected the floating price as the 
established price, the established price prescribed in the Schedule by 
clause 17 (1) (b) for canola and clause 22 (1) (b) for soybeans, shall 
be used in lieu of the floating price for the purposes of the calculation 
in subparagraph (2). 

(5) No indemnity shall be payable under this paragraph for land 
for which the same indemnity was paid by the Commission in the 
immediately preceding year. 

(6) Where the insured person plants a crop in respect of which 
crop production insurance was applied for, the premium deposit for 
the acreage so planted shall be applied against the regular premium. 

(7) Where the insured person plants a crop that is not an insur- 
able crop, the premium deposit in respect of the acreage seeded or 
planted shall be refunded. 

(8) Where the insured person is unable to plant acreage desig- 
nated on the application as intended to be sown to a spring grown 
crop, the premium deposit in respect of the acreage shall be retained 
by the Commission as payment for the coverage provided. 

(9) This paragraph does not apply to, and no indemnity is pay- 
able in respect of land, 

(a) that is orchard land, pasture, woodland, planted to a peren- 
nial crop, fall sown or intended for summer fallow; 

(b) that is unfilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(10) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, 

during the planting season in the area where the insured acreage is 
situate. 

3. — (1) Where loss or damage to three acres or more of the insured 
crop resulting from an insured peril occurs before the 1st day of July 
in the crop year, the Commission, upon application therefor in writ- 
ing by the insured person, may consent in writing to the replanting of 
the damaged acreage. 

(2) Where the damaged acreage is replanted in accordance with 
subparagraph (1), the Commission shall pay a supplementary benefit 



86 



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Reg./Règl. 232 



to the insured person calculated at the rate of $30 for each replanted 
acre. 

(3) Where the damaged acreage is replanted to the crop that was 
originally planted in the crop year, the contract of insurance shall 
continue to apply to the replanted acreage. 

(4) The total number of acres of a crop in respect of which a 
replanting benefit is paid in a crop year shall not in any case exceed 
the total number of insured acres planted to that crop. 

4.— (1) Where loss or damage occurs before harvest, the Commis- 
sion, upon application therefor in writing by the insured person, may 
consent in writing to the use of the damaged acreage for any other 
purpose or to the abandonment or destruction of the insured crop on 
such damaged acreage and in such case shall determine the number 
of damaged acres and the potential production thereof. 

(2) Where damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accordance with 
subparagraph (1), the amount of loss that shall be taken into account 
in the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the difference between the guaran- 
teed production for the damaged acreage and the potential produc- 
tion for the damaged acreage determined under subparagraph (1) by 
the established price per bushel or pound, as the case may be. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per bushel or pound, as the case 
may be. 

Final Adjustment of Loss for Total Insured Acreage 

5. The indemnity payable with respect to the total insured acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
made under paragraphs 2, 3 and 4 applicable to such acreage, but 
where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 4 shall be reduced by the amount obtained by multiplying the 
excess by the established price per bushel or pound, as the case may 
be. 

Incorrect Acreage in Final Acreage Report 

6.— (1) Where the actual planted acreage to an insured crop in a 
crop year is less than the planted acreage declared on the final acre- 
age report, the guaranteed production shall be decreased proportion- 
ately in calculating whether there has been a loss and the actual pro- 
duction shall be used in calculating the average production for 
purposes of determining coverage for the following crop year, and 
there shall be no refund of premium. 

(2) Where the actual planted acreage of the insured crop in a 
crop year exceeds the planted acreage declared on the final acreage 
report, the actual production shall be used in calculating whether 
there has been a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 



(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager, but 
it shall not be binding upon the Commission until countersigned by a 
duly authorized representative of the Commission. 



Countersigned and dated at . 
this day of 



19., 



Duly Authorized 
Representative 



General Manager 



O. Reg. 297/84, Form 1; O. Reg. 295/85, s. 3; O. Reg. 312/87, ss. 9, 
10; O. Reg. 279/88, s. 2; O. Reg. 299/89, s. 2. 

Form 2 

Crop Insurance Act (Ontario) 
EXTENDED COVERAGE ENDORSEMENT 

1. — (1) This endorsement applies only to soybeans. 

(2) This endorsement is in force where the insured person applies 
for it and pays the prescribed premium. 

(3) The coverage in force and indemnity and premiums payable 
under this endorsement are in addition to any prescribed by the plan. 

(4) The conditions of the Schedule and Form 1 apply to this 
endorsement unless they are inconsistent with it or are specifically 
excluded under it. 

2. An application for extended coverage shall be made by the 1st 
day of May in the crop year in respect of which it is made. 

Coverage 

3. The insured person may purchase an extra 4 or 7 per cent cover- 
age in addition to coverage determined under section 20 of the 
Schedule. 

4. The maximum indemnity for which the Commission is liable 
under a contract of insurance under the plan and insurance provided 
by this endorsement is the amount obtained by adding an additional 
4 or 7 per cent to the coverage determined under section 20 of the 
Schedule and multiplying this sum by the established price deter- 
mined under section 22 of the Schedule. 

Premiums 

5.— (1) The additional premium payable in the crop year for 4 per 
cent extra coverage is, 

(a) $2.00 per acre where the established price is $5.80 per 
bushel; 

(b) $2.60 per acre where the established price is $7.00 per 
bushel; 

(c) $3.00 per acre where the established price is the floating 
price per bushel. 

(2) The additional premium payable in the crop year for 7 per 
cent extra coverage is, 

(a) $5.00 per acre where the established price is $5.80 per 
bushel; 



87 



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Reg./Règl. 232 



(b) $6.00 per acre where the established price is $7.00 per 
bushel; 

(c) $6.80 per acre where the established price is the floating 
price per bushel. 

(3) The premiums prescribed by subsections (1) and (2) include 
payments in respect of premiums made by the Province of Ontario 
and the Government of Canada under the Crop Insurance Act 
(Canada). 

(4) Subsection 23 (3) of the Schedule does not apply to this 
endorsement. 

(5) An insured person shall pay a premium deposit of $1 per acre 
at the time of application for extended coverage. O. Reg. 453/90, 
s. 2,part. 

Form 3 

Crop Insurance Acl (Ontario) 
EXTENDED COVERAGE ENDORSEMENT 
1.— (1) This endorsement applies to soybeans only. 

(2) This endorsement is in force where the insured person pur- 
chases a contract of insurance for all perils for soybeans in the Sched- 
ule, applies for this endorsement and pays the prescribed premium. 

(3) The premiums payable under this endorsement are in addi- 
tion to any prescribed by the plan. 

(4) The conditions of the Schedule and Form 1 apply to this 
endorsement unless they are inconsistent with it or are specifically 
excluded under it. 

2. In order to qualify for coverage under this endorsement, the 
insured person shall offer for insurance all land planted to the 
insured crop that is operated by that person in Ontario. 

3.— (1) An insured person may apply under this endorsement for 
insurance against a loss of production of soybeans resulting from hail 
damage to a portion of the person's lands. 

(2) For the purposes of this endorsement, an indemnity for hail 
damage is payable only where the portion of land damaged by hail is 
5 acres or more in size. 

Application 

4. An insured person must make an application for extended cov- 
erage by the 1st day of May during the crop year in respect of which 
insurance under this endorsement is requested. 

Coverage 

5. The coverage provided under this endorsement shall be the 
same as that set out in sections 20 and 21 of the Schedule and 
includes any additional coverage purchased under the extended cov- 
erage endorsement in Form 2. 

6. For the purposes of this endorsement, an indemnity for hail 
damage is payable only where 10 per cent or more hail damage has 
occurred to the insured crops on the portion of land in question. 

7. Coverage under this endorsement commences no later than, 

(a) the 1st day of July in a crop year; or 

(b) at a time, as determined by the Commission, when it is too 
late to replant the insured crop in a crop year, 

whichever is the earlier. 



Premiums 

8.— (1) The total premium payable for this endorsement is 4 per 
cent of the total guaranteed production determined under section 20 
of the Schedule multiplied by, 

(a) where the insured person has chosen the floating price, the 
established price in clause 22 (1) (b) of the Schedule; or 

(b) in all other cases, the established price per bushel deter- 
mined under section 22 of the Schedule. 

(2) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Acl (Canada). 

9.— (1) An insured person shall pay a premium deposit of $1 per 
acre by the 1st day of May during the crop year in respect of which 
insurance under this endorsement is requested. 

(2) This endorsement may be cancelled by the insured person by 
notice in writing to the Commission on or before the final date for 
application in the crop year during which the cancellation is to be 
effective. 

(3) Where the endorsement is cancelled by the insured person 
after the 1st day of May in a crop year, the Commission shall cancel 
the contract of insurance for all perils in the Schedule and the 
extended coverage endorsement in Form 2, if applicable, and shall 
not refund to the insured person any deposits paid pursuant to these 
contracts. 

(4) The insured person shall pay the premium, less the premium 
deposit, to the Commission at the time the insured person files the 
final acreage report prescribed by section 10 of the Schedule. 

Evaluation of Loss 

10. The amount of loss respecting the insured acreage for which a 
claim is made under this endorsement shall be determined as follows: 

1. The Commission shall determine the number of damaged 
acres and their potential production. 

2. The Commission shall determine the percentage of damage 
to the damaged acres caused by the hail. 

3. The Commission shall calculate the loss, 

i. by multiplying the percentage of damage by the 
lesser of, 

A. the guaranteed production of the damaged 
acreage, and 

B. the potential production of the damaged acre- 
age, and 

ii. by multiplying the product obtained under subpara- 
graph i by, 

A. where the insured person has chosen the 
floating price, the established price in clause 
22 (1) (b) of the Schedule, or 

B. the established price per bushel determined 
under section 22 of the Schedule in all other 
cases. 

11. The Commission shall determine the amount of loss before the 
harvesting of the damaged acreage. 

12. The indemnity payable with respect to the total insured acre- 
age in the final adjustment of loss under the contract of insurance for 
all perils in the Schedule shall be determined by subtracting the 



88 



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Reg./Règl. 233 



indemnity paid under this endorsement from the maximum indem- 
nity payable for a loss in production determined under section 21 of 
the Schedule. 

13. If the Commission has substituted the established price in 
clause 22 (1) (b) of the Schedule for the floating price under sections 
8 and 10 of this endorsement and this substitution results in an over- 
payment or an underpayment, the Commission may, in making the 
final adjustment of loss under the contract of insurance for all perils 
in the Schedule, readjust the indemnity payable with respect to the 
total insured acreage. 

Notice of Loss or Damage 

14. The insured person shall notify the Commission in writing 
within two days of an occurrence of loss or damage to the insured 
crop and before the harvesting of the insured crop. O. Reg. 453/90, 
s. 2, part. 

TABLE 1 



Spring Sown Crops in Order of Priority 


1. 


Corn 


2. 


Soybeans 


3. 


White Beans 


4. 


Coloured Beans 


5. 


Spring Grain 


6. 


Canola 


7. 


Sunflowers 


8. 


Red spring wheat 



O. Reg. 297/84, Table; O. Reg. 312/87, s. 11; O. Reg. 299/89, s. 3; 
O. Reg. 453/90, s. i,part. 

TABLE 2 



Age of Yield 


Factor 


10 


1.13410 


9 


1.11907 


8 


1.10448 


7 


1.09023 


6 


1.07638 


5 


1.00000 


4 


1.00000 


3 


1.00000 


2 


1.00000 


1 


1.00000 



O. Reg. 453/90, s. 3,pûrt. 



REGULATION 233 
CROP INSURANCE PLAN FOR ONIONS 

1. The plan in the Schedule is established for the insurance within 
Ontario of onions. O. Reg. 541/86, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. The title of this plan is "The Ontario Crop Insurance Plan for 
Onions". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of onions resulting from one or more of the 
perils designated in section 4. 



Definitions 
3. In this plan, 
"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"bag" means fifty pounds; 

"onions" means onions grown from seed, onions grown from sets or 
Spanish onions. 

Designation of Perils 

4.— (1) Subject to subsections (2) and (3), the following are desig- 
nated as perils for the purposes of this plan: 

1. Drought. 

2. Excessive rainfall. 

3. Flood. 

4. Frost. 

5. Hail. 

6. Insect infestation. 

7. Plant disease. 

8. Wildlife. 

9. Wind. 

(2) This plan does not insure against a loss in the production of 
Spanish onions in a crop year resulting from drought. 

(3) This plan does not insure against a loss in the production of 
onions in a crop year resulting from insect infestation or plant disease 
unless the insured person establishes that a recommended control 
program was followed during the crop year. 

5. The crop year for onions is the period from the 1st day of March 
in any year to the 31st day of October next following. 

Contract of Insurance 

6.— (1) For the purposes of this plan, the entire contract of insur- 
ance for onions is comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for onions in Form 1; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (b) or 
(d) agreed upon in writing. 

(2) In the event of a conflict between the provisions referred to in 
clauses (1) (a) and (c), the provisions referred to in clause (1) (c) 
prevail. 



89 



Reg./Règl. 233 



CROP INSURANCE 



Reg./Règl. 233 



7.— (1) An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a minimum premium deposit of $100 for 
each crop in respect of which insurance is applied for; and 

(c) be filed with the Commission, 

(i) not later than the 1st day of April, or 

(ii) in the case of onions grown from seed to be planted 
east of King's Highway No. 6, not later than the 15th 
day of April, 

in the crop year in respect of which it is made. 

(2) Premium deposits prescribed by clause (1) (b) are not refund- 
able unless no acreage is planted to the crop. 

Duration of Contract 

8.— (1) A contract of insurance is in force for the crop year in 
respect of which it is made, and continues in force for each crop year 
thereafter until cancelled by the insured person or the Commission in 
the manner prescribed by subsection (2) or terminated in accordance 
with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of April in the crop year during which the cancel- 
lation is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on the annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted ^ Actual _ 2 rActual_ /Average , ■i\~\ 
Yield Yield 3 L Yield \ Yield ' /J 

(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual 2 
Yield Yield 3 



r/ Average ^ ^ y\_ Actual ~l 
LV Yield ■ / Yield J 



10.— (1) Subject to subsections (2), (3) and (4), the coverage pro- 
vided under a contract of insurance is 70 per cent of the average farm 
yield in bags of the total acreage planted to the crop by the insured 
person in accordance with the regulations. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year to 73 per cent of the aver- 
age farm yield. 

2. Following the second no claim year to 76 per cent of the 
average farm yield. 

3. Following the third no claim year to 78 per cent of the aver- 
age farm yield. 

4. Following the fourth no claim year to a maximum of 80 per 
cent of the average farm yield. 



(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2) except, where a claim occurs 
in a year where the coverage is 70 per cent, the coverage shall be 
reduced to 65 per cent. 

(4) Where, in any year, a claim is paid in an amount less than 
one-half the total premium for that year, the coverage for the follow- 
ing year remains unchanged. 

(5) The number of bags determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

11.— (1) For the purposes of this plan, the established price for 
onions grown from seed is, 

(a) $2.50 per bag, where a premium of $134 per acre is paid; or 

(b) $3.50perbag, where a premium of $186 per acre is paid. 

(2) For the purposes of this plan, the established price for onions 
grown from sets is, 

(a) $3.25 per bag, where a premium of $120 per acre is paid; or 

(b) $4.25 per bag, where a premium of $160 per acre is paid. 

(3) For the purposes of this plan, the established price for Spanish 
onions is, 

(a) $4 per bag, where a premium of $268 per acre is paid; or 

(b) $5 per bag, where a premium of $335 per acre is paid. 

Premiums 
12.— (1) The total premium is, 

(a) $134 per acre or$186 per acre, for onions grown from seed; 

(b) $120 per acre or $160 per acre, for onions grown from sets; 
or 

(c) $268 per acre or $335 per acre, for Spanish onions. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100 for each crop. 

(3) The premium prescribed by subsection (1) includes payment 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to onions. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit pre- 
scribed by subsection (3), to the Commission at the time the final 
acreage report prescribed by section 14 is filed. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of April in 
the crop year, pay a premium deposit in accordance with clause 
7 (1) (b). 

Final Acreage Report 

14.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission as soon as the planting of acreage to the crop is completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the written consent of the Commission. 



90 



Reg./Règl. 233 



ASSURANCE-RECOLTE 



Reg./Règl. 233 



15.— (1) When the final acreage report is inaccurate, the Commis- 
sion may correct it and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith of the cor- 
rection and the reason therefor. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the person rejects the revision within ten days after the 
Commission notification is served on the person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Upon notice that a correction is not acceptable being given, 
the contract of insurance ceases to apply for the crop year in respect 
of which the final acreage report was filed. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

16.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of a final acreage report 
on the insured person either by personal delivery or by mailing it to 
the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Date For Planting 

17. For the purposes of this plan, in any particular crop year the 
final date for planting, 

(a) onions grown from seed is the 31st day of May; 

(b) onions grown from sets is the 15th day of May; and 

(c) Spanish onions is the 20th day of May, 

or such other dates as are reasonably warranted in the circumstances. 
Final Date For Harvesting 

18. For the purposes of this plan, in any particular crop year the 
final date for harvesting, 

(a) onions grown from seed or Spanish onions is the 31st day of 
October; and 

(b) onions grown from sets is the 15th day of August, 

or such other dates as are reasonably warranted in the circumstances. 
O. Reg. 541/86, Sched.; O. Reg. 322/87, ss. 1, 2; O. Reg. 326/88, 
s. 1; O. Reg. 314/89, s. 1; O. Reg. 477/90, s. 1. 



Form 1 

Crop Insurance Act (Ontario) 

ONION ENDORSEMENT 

Whereas the insured person has applied for crop insurance under 
the Ontario Crop Insurance Plan for Onions, hereinafter referred to 
as the "plan", and has paid the deposit premium prescribed there- 
under; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover onions. 

Harvesting of Planted Acreage 

1. All acreage planted to onions in a crop year shall be harvested 
unless the Commission, upon application therefor in writing, con- 
sents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 



Evaluation of Loss 



2.-(l) Where, 



(a) all the acres intended to be planted to spring grown crops 
are offered for insurance; 

(b) the insured person so elects on the application for insurance 
and pays the premium deposit required by the regulations 
for each spring grown crop intended to be planted; and 

(c) the planting, 

(i) in the case of systematically tile drained land, of 
three acres or more, or 

(ii) in the case of land that is not systematically tile 
drained, of six acres or more, 

is prevented by one or more of the designated perils, 

an indemnify shall be paid, 

(d) in the case of systematically tile drained land, for each acre; 
or 

(e) in the case of land that is not systematically tile drained, for 
each acre in excess of three, 

that remains unplanted, the amount of which shall be equal to one- 
third of the guaranteed production per acre of the crop highest in pri- 
ority on the list in the Table to this Regulation of those intended to 
be planted and insured by the insured person multiplied by the estab- 
lished price applicable to that crop. 

(2) This paragraph does not apply to and no indemnity is payable 
in respect of land, 

(a) that is orchard land, pasture, woodland, seeded to a peren- 
nial crop, fall sown or intended for summer fallow; 

(b) that is untitled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(3) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that. 



91 



Reg./Règl. 233 



CROP INSURANCE 



Reg./Règl. 233 



(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, 

during the planting season in the area where the insured acreage is 
situate. 

3.— (1) Where loss or damage to one acre or more of the insured 
crop resulting from an insured peril occurs prior to the final date for 
planting in the crop year, the Commission, upon application therefor 
in writing by the insured person, may consent in writing to the 
replanting of the damaged acreage. 

(2) Where the damaged acreage is replanted to the insured crop 
in accordance with subparagraph (1), the Commission shall pay an 
indemnity for each acre replanted, 

(a) in the case of onions grown from seed, up to a maximum 
amount of $400; 

(b) in the case of onions grown from sets, up to a maximum 
amount of $430; and 

(c) in the case of Spanish onions, up to a maximum amount of 
$500 where 44,000 or more plants are replanted per acre or 
that portion of $500 that the number of plants replanted 
bears to 44,000 where fewer than 44,000 plants are 
replanted per acre, 

and the contract of insurance continues to apply to such acreage. 

(3) The total number of acres of a crop in respect of which a 
replanting benefit is paid in a crop year shall not in any case exceed 
the total number of insured acres planted to that crop. 

4.— (1) Where loss or damage occurs prior to harvest, the Com- 
mission, upon application therefor in writing by the insured person, 
may consent in writing to the use of the damaged acreage for any 
other purpose or to the abandonment or destruction of the insured 
crop on such damaged acreage and in such case shall determine the 
number of damaged acres and the potential production thereof. 

(2) Where damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accordance with 
subparagraph (1), the amount of loss that shall be taken into account 
in the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the difference between the guaran- 
teed production for the damaged acreage and the potential produc- 
tion for the damaged acreage determined under subparagraph (1) by 
the established price per bag for that crop. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total seeded acreage of a crop shall be calculated by 
multiplying the difference between the guaranteed production and 
the actual production by the established price per bag for that crop. 

Notice of Loss or Damage 

5. Where loss or damage to an insured crop occurs and the damage 
was occasioned at a readily ascertainable time, the insured person 
shall notify the Commission forthwith by telephone and shall confirm 
in writing within twenty-four hours after that time. 



Final Adjustment of Loss For Total Planted Acreage 

6.— (1) The indemnity payable with respect to the total planted 
acreage of a crop in the final adjustment of loss is the sum of the 
losses calculated under paragraphs 2, 3 and 4 applicable to the acre- 
age but, subject to subparagraph (2), where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of the acreage, the indemnity 
otherwise payable shall be reduced by the amount obtained by multi- 
plying such excess by the established price per bag. 

(2) Despite subparagraph (1), no indemnity paid under para- 
graphs 2 and 3 is subject to reduction under this paragraph. 

(3) In no case shall indemnity be paid for acreage in excess of the 
total insured acreage of a crop. 

(4) Where, as the result of an insured peril, the quality of a crop 
is reduced, the actual production of any onions sold at a grade below 
Canada No. 1 shall be deemed to be reduced by 60 per cent. 

Damage After Harvest 

7.— (1) No indemnity is payable in respect of any loss or damage 
suffered by the insured crop after harvest and, subject to subpara- 
graph (2), no indemnity is payable with respect to onions in storage. 

(2) Where an insured crop damaged by an insured peril prior to 
harvest is placed in storage, the Commission shall thereupon adjust 
the loss and pay an indemnity therefor if. 



(a) 



notice of damage was received and inspection was made by 
the Commission before harvest; and 



(b) the damaged onions are clearly indentified in storage. 

Incorrect Acreage in Final Acreage Report 

8.— (1) Where the actual seeded acreage of the insured crop in a 
crop year is less than the seeded acreage declared on the final acre- 
age report, the guaranteed production shall be decreased proportion- 
ately in calculating whether there has been a loss and the actual pro- 
duction shall be used in calculating the average production for 
purposes of determining coverage for the following crop year, and 
there shall be no refund of premium. 

(2) Where the actual seeded acreage of the insured crop in a crop 
year exceeds the seeded acreage declared on the final acreage report, 
the actual production shall be used in calculating whether there has 
been a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



92 



Reg./Règl. 233 



ASSURANCE-RECOLTE 



Reg./Règl. 234 



Countersigned and dated at . 
this day of 



.,19., 



Duly Authorized 
Representative 



General Manager 



O. Reg. 541/86, Form 1; O. Reg. 322/87, s. 3; O. Reg. 326/88, s. 2; 
O. Reg. 314/89, s. 2. 







TABLE 












Crop in Order of 


Priority 






1. 

2. 
3. 


Onions 
Onions 
Spanish 


grown from seed 
grown from sets 
onions 














O. 


Reg. 541/86, 


Table. 



REGULATION 234 
CROP INSURANCE PLAN FOR PEACHES 

1. The plan in the Schedule is established for the insurance within 
Ontario of peaches. R.R.O. 1980, Reg. 215, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Peaches". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of peaches resulting from one or more of the 
perils designated in section 4. 



Dehnitions 



3. In this plan. 



"average yield" means the average total orchard production of the 
insured person over the preceding six years allowing for age of 
trees, tree removal, and change in acreage; 

"peaches" means all varieties of peaches produced in Ontario. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Freeze injury. 

3. Frost. 

4. Hail. 

5. Hurricane or tornado. 

6. Unavoidable pollination failure. 

Designation of Crop Year 

5. The crop year for peaches is the period from the 1st day of 
December in any year to the 30th day of November next following. 



Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
peaches shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; 

(c) the production guarantee jeport; and 

(d) any amendment to a document referred to in clause (a), (b) 
or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be accompanied by a premium deposit of, 

(i) $100, or one-quarter of the premium payment made 
by the insured person for the previous crop year, 
whichever is the greater, or 

(ii) an amount to be determined by the Commission; 
and 

(b) be filed with the Commission not later than the 1st day of 
December in the crop year in respect of which it is made or 
not later than such other date as may be determined from 
time to time by the Commission. 

Duration of Contract 

8. — (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of December in the crop year during which the 
cancellation is to be effective or on or before such other date as may 
be determined from time to time by the Commission. 

Coverage 

9.— (1) Subject to subsections (2) and (3) and to section 10, the 
coverage provided under a contract of insurance is 70 per cent of the 
average yield as determined by the Commission multiplied by the 
established price. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1 . Following the first no claim year, to 73 per cent. 

2. Following the second no claim year, to 76 per cent. 

3. Following the third no claim year, to 78 per cent. 

4. Following the fourth no claim year, to a maximum of 80 per 
cent. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except where one or more 
claim years follow a year when the coverage is 70 per cent, the cover- 
age shall be reduced in successive steps to levels of 67 per cent and a 
minimum of 65 per cent. 

(4) The number of pounds determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

10.— (1) Subject to subsections (2) and (3), the coverage provided 



93 



Reg./Règl. 234 



CROP INSURANCE 



Reg./Règl. 234 



under a contract of insurance in respect of peaches that are grown 
within the area that is bounded by the Niagara Escarpment on the 
south and the southern shore of Lake Ontario on the north is 73 per 
cent of the average yield as determined by the Commission multi- 
plied by the established price. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 76 per cent. 

2. Following the second no claim year, to 78 per cent. 

3. Following the third no claim year, to a maximum of 80 per 
cent. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except where one or more 
claim years follow a year when the coverage is 73 per cent, the cover- 
age shall be reduced in successive steps to levels of 70, 67 and a mini- 
mum of 65 per cent. 

(4) The number of pounds determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

11.— (1) The established price for peaches is, 

(a) 14 cents per pound; 

(b) 18 cents per pound; or 

(c) 20 cents per pound. 

(2) Subject to subsections (3) and (4), the established price per 
pound selected by an applicant at the time a contract of insurance is 
made applies in each succeeding crop year during which the contract 
is in force. 

(3) Where, 

(a) the insured person applies therefor in writing prior to the 
1st day of December in the crop year; and 

(b) the Commission consents in writing, 

any established price designated in subsection (1) may be substituted 
for the established price selected by the insured person at the time a 
contract of insurance is made or for any established price substituted 
in lieu thereof under this subsection. 

12. The maximum indemnity for which the Commission is liable 
under a contract of insurance shall be the amount obtained by multi- 
plying the total guaranteed production determined under section 9 
by the established price per pound determined under section 11. 

Premiums 

13.— (1) The total premium payable in the crop year is, 

(a) where the level of coverage is 80 per cent, 13 per cent; 

(b) where the level of coverage is 78 per cent, 16 per cent; 

(c) where the level of coverage is 76 per cent, 18 per cent; 

(d) where the level of coverage is 73 per cent, 19 per cent; 

(e) where the level of coverage is 70 per cent, 21 per cent; 

(f) where the level of coverage is 67 per cent, 23 per cent; and 

(g) where the level of coverage is 65 per cent, 24 per cent. 



of the guaranteed production in pounds multiplied by the established 
price. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes such pay- 
ments in respect of premiums as may be made by the Government of 
Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force a premium shall 
be paid in respect of each crop year. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium less the premium deposit to 
the Commission at the time the production guarantee report pre- 
scribed by section 15 is returned to the Commission. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of December 
in the crop year, pay the premium deposit as set out in clause 7 (a). 

Production Guarantee Report 

15. The Commission shall prepare and deliver a production guar- 
antee report to each insured person in each crop year and the insured 
person shall sign a copy thereof and return it to the Commission. 
R.R.O. 1980, Reg. 215, Sched.; O. Reg. 770/81, ss. 1-5; O. Reg. 
794/82, ss. 1, 2; O. Reg. 38/83, s. 1; O. Reg. 794/83, ss. 1-4; O. Reg. 
676/86, ss. 1-5; O. Reg. 34/89, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinaf- 
ter referred to as "THE COMMISSION", 



of the first part 



— and- 



of the of 



in the County (or as the case may be) of , 

hereinafter referred to as "THE INSURED PERSON", 

of the second part 

Whereas the insured person has applied for crop insurance on 
peaches under The Ontario Crop Insurance Plan for Peaches, herein- 
after referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where, in a crop year the 
insured person suffers a loss in the production of peaches resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Insured Crop 

1. In this contract, "insured crop" means all varieties of peaches 
produced in Ontario. 



94 



Reg./Règl. 234 



ASSURANCE-RECOLTE 



Reg./Règl. 234 



Causes of Loss Not Insured Against 

2. This contract does not insure against and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor fanning practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated by the 
insured person in Ontario, and, subject to subparagraph (2), this 
contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

4.— (1) All insured acreage shall be harvested unless the Commis- 
sion, upon application therefor in writing, consents in writing to the 
abandonment or destruction of the insured crop or any part thereof 
and, in such case, the Commission shall determine, 

(a) the potential production of the unharvested acreage; and 

(b) whether the harvesting was prevented by one or more of 
the perils insured against. 

(2) Where an insured person fails to obtain the consent of the 
Commission in accordance with subparagraph (1), no indemnity shall 
be paid in respect of the unharvested acreage. 

Evaluation of Loss 

5.— (1) The amount of loss that shall be taken into account in the 
final adjustment of loss in respect of the total insured acreage shall 
be calculated by multiplying the difference between the guaranteed 
production and the actual production by the established price per 
pound. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) the total orchard run of all insured acreage; and 

(b) the potential production of wholly or partially unharvested 
acreage where the failure to harvest resulted from a cause 
of loss not insured against. 

(3) Where the insured crop or any part thereof has suffered dam- 
age from an insured peril to such an extent that it is unsuitable for 
sale, it shall not be counted as production. 

(4) Despite subparagraph (3), where damaged peaches are sold 
for less than the prevailing price for unblemished fruit, the actual 
production shall be deemed to be reduced in the ratio that the sal- 
vage value received for the crop bears to the market price for pro- 
cessing peaches as set by The Ontario Tender Fruit Growers' Mar- 
keting Board. 

Notice of Loss or Damage 

6.-(l) Where, 

(a) loss of the insured crop occurs; or 



(b) the insured crop or any part thereof is, or is intended to be, 
sold on a pick-your-own basis, 

the insured person shall notify the Commission in writing as soon as 
the damage occurs in order that a pre-harvest inspection may be 
made. 

(2) Where the insured person fails to notify the Commission pur- 
suant to subparagraph (1), a claim by the insured person is invalid 
and the insured person's right to indemnity is forfeited. 

Misrepresentation, Violation of Conditions or Fraud 

7. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the insured per- 
son's right to indemnity under this contract in respect of the insured 
crop but an assignment is not binding on the Commission and no 
payment of indemnity shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Adjustment of Loss 

11.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes. 



95 



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CROP INSURANCE 



Reg./Règl. 235 



(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under the contract shall be reduced accordingly. 

Proof of Loss 

12.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 10. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

13. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time For Payment of Indemnity 

14.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

15. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

16. The Commission has a right of entry to the premises of the 



insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

17.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the insured person's last post office address on file with the Commis- 
sion. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



,19. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 215, Form 1; O. Reg. 38/83, s. 2; O. Reg. 
676/86, s. 6; O. Reg. 34/89, s. 2. 



REGULATION 235 
CROP INSURANCE PLAN FOR PEANUTS 

1. The plan in the Schedule is established for the insurance within 
Ontario of peanuts. O. Reg. 606/88, s. 1. 

Schedule 

Cmp Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Peanuts". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of peanuts resulting from one or more of the 
perils designated in section 4. 



Definitions 



3. In this plan. 



"average farm yield" means the average of previous yields per acre 
of the planted acreage determined on the basis of acreage produc- 
tion records of the insured person or on such other basis as is rea- 
sonable in the circumstances; 

"peanuts" means peanuts produced in Ontario. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Cool weather. 

2. Drought. 

3. Excessive heat. 

4. Excessive rainfall. 



96 



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Reg./Règl. 235 



5. Flood. 

6. Freeze. 

7. Frost. 

8. Hail. 

9. Insect infestation. 

10. Plant disease. 

11. Wildlife. 

12. Wind. 

Designation of Crop Year 

5. The crop year for peanuts is the period from the 1st day of 
March in any year to the last day of February of the next year. 

Contract of Insurance 

6.— (1) For the purposes of this plan, the entire contract of insur- 
ance for peanuts is comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) the endorsement for peanuts in Form 1; and 

(d) the final acreage report for each crop year. 

(2) In the event of a conflict between provisions of the document 
referred to in clause (1) (a) and the document referred to in clause 
(1) (c), the provisions of the document referred to in clause (1) (c) 
prevail. 

7.— (1) An application for insurance or for renewal of insurance 
shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a minimum premium deposit of $100; 
and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

(2) The premium deposit prescribed by clause (1) (b) is not 
refundable unless no acreage is planted to peanuts. 

8. All acreage planted to peanuts in which the insured person has a 
substantial interest shall be insured under one contract. 

Duration of Contract 

9.— (1) A contract of insurance is in force for the crop year in 
respect of which it is made and continues in force for each crop year 
thereafter until cancelled by the insured person or the Commission in 
the manner set out in subsection (2) or otherwise terminated in 
accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by written notice to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to take effect. 

Coverage 

10.— (1) The initial coverage provided under a contract of insur- 
ance shall be 75 per cent of the average farm yield in pounds of the 
total acreage planted to peanuts by the insured person. 



(2) The coverage provided under a contract of insurance follow- 
ing a year in which there was no claim shall be, 

(a) if the previous year's coverage was 70 per cent, 73 per cent; 

(b) if the previous year's coverage was 73 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 78 per cent; 

(d) if the previous year's coverage was 78 per cent, 80 per cent; 
and 

(e) if the previous year's coverage was 80 per cent, 80 per cent, 

of the average farm yield in pounds of the total acreage planted to 
peanuts by the insured person. 

(3) The coverage provided under a contract of insurance follow- 
ing a year in which there was a claim shall be, 

(a) if the previous year's coverage was 80 per cent, 78 per cent; 

(b) if the previous year's coverage was 78 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 73 per cent; 

(d) if the previous year's coverage was 73 per cent, 70 per cent; 
and 

(e) if the previous year's coverage was 70 per cent, 70 per cent, 

of the average farm yield in pounds of the total acreage planted to 
peanuts by the insured person. 

(4) Despite subsections (2) and (3), if in any year a claim is paid 
in an amount that is less than one-half of the total premium for that 
year, the coverage for the following year shall remain unchanged. 

11.— (1) For the purposes of this plan, the established price for 
peanuts is, 

(a) 25 cents per pound; or 

(b) 30 cents per pound. 

(2) If the insured person fails to select an established price when 
the person is renewing the contract of insurance, the Commission 
may select one of the prices set out in subsection (1) as the estab- 
lished price applicable to the contract in that crop year. 

12. For the purposes of section 10, the maximum amount for which 
the Commission is liable under a contract of insurance for a loss in 
production is the amount obtained by multiplying the coverage 
determined under that section by the established price selected under 
section 11. 

Premiums 

13.— (1) The total premium for peanuts is, 

(a) $23.40 per acre where the established price is 25 cents per 
pound; or 

(b) $28 per acre where the established price is 30 cents per 
pound. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14. The insured person shall pay the premium, less the premium 
deposit, to the Commission, 



97 



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CROP INSURANCE 



Reg./Règl. 235 



(a) at the time the final acreage report is filed; or 

(b) at the time set out in subsection 17 (3). 

Final Acreage Report 

15.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report setting out the total acreage 
planted to peanuts in a form provided by the Commission within ten 
days of the completion of planting of acreage to peanuts. 

(2) A final acreage report filed with the Commission shall not be 
amended without the written consent of the Commission. 

16.— (1) When the final acreage report is inaccurate, the Commis- 
sion may correct it and adjust the premium accordingly and shall 
notify the insured person in writing forthwith of the correction and 
the reason for it. 

(2) The insured person shall be deemed to have agreed with the 
correction of the final acreage report and adjustment of premium 
made under subsection (1) unless, within ten days after the mailing 
or delivery of the notice by the Commission, that person notifies the 
Commission in writing that the correction is not acceptable. 

(3) Upon notice that a correction is not acceptable, the contract 
of insurance ceases to apply for the crop year in respect of which the 
final acreage report was filed and the Commission shall refund any 
premium or premium deposit paid in respect of that crop year. 

(4) If no notice is given under subsection (2), a final acreage 
report corrected under this section constitutes the final acreage 
report for the crop year. 

17.— (1) If an insured person in any crop year fails to file a final 
acreage report as required by this Regulation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) When the Commission prepares a final acreage report under 
subsection (1), the Commission shall mail or deliver a copy of the 
report to the insured person. 

(3) An insured person shall pay the premium for the crop year in 
respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the mailing or delivery to that person of a 
copy of the report. 

Final Dates For Planting and Harvesting 

18. For the purposes of this plan, the final dates for planting and 
harvesting peanuts in a crop year are the 15th day of June and the 
15th day of November respectively or such other dates as are reason- 
ably warranted in the circumstances. O. Reg. 606/88, Sched.; 
O. Reg. 311/89, s. 1; O. Reg. 459/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

PEANUTS ENDORSEMENT 

Whereas the insured person has applied for crop insurance under 
the Ontario Crop Insurance Plan for Peanuts, hereinafter referred to 
as the "plan", and has paid the premium deposit prescribed there- 
under; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover peanuts. 



Harvesting of Planted Acreage 

1.— (1) All acreage planted to peanuts in a crop year shall be har- 
vested unless the Commission, upon written application, consents in 
writing to, 

(a) the use of the planted acreage or any part of it for another 
purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part of it. 

(2) If the harvesting of any planted acreage is not completed and 
the failure to harvest was not caused by a designated peril, the con- 
tract of insurance ceases to apply to the unharvested acreage and no 
indemnity shall be payable for it. 

Evaluation of Loss 

2. — (1) If loss or damage occurs prior to harvest, the Commission, 
upon written application by the insured person, may consent in writ- 
ing to the use of the damaged acreage for any other purpose or to the 
abandonment or destruction of the insured crop on such damaged 
acreage and in such case shall determine the number of damaged 
acres and the potential production of those acres. 

(2) If damaged acreage is used for any other purpose or the 
insured crop on it is abandoned or destroyed in accordance with sub- 
paragraph (1), the amount of loss that is taken into account in the 
final adjustment of loss in respect of the total planted acreage shall 
be calculated by multiplying the established price by the difference 
between the coverage for the damaged acreage and the potential 
production for the damaged acreage determined under subparagraph 
(1)- 

(3) If damaged acreage is not used for any other purpose or the 
crop thereon is not abandoned or destroyed after the Commission 
has consented thereto, the amount of loss calculated under subpara- 
graph (2) shall not be taken into account in the final adjustment of 
loss. 

(4) If the actual production of the harvested acreage is less than 
the coverage for that acreage, the amount of loss that shall be taken 
into account in the final adjustment of loss in respect of the total 
planted acreage shall be calculated by multiplying the established 
price by the difference between the coverage and the actual produc- 
tion. 

(5) Where the crop contains damaged or foreign material, the 
actual production thereof shall be reduced by an amount reasonable 
in the circumstances. 

Quality Coverage 

3. Where the insured crop is reduced to below 55 per cent of sound 
mature kernels due to an insured peril, the actual production shall be 
deemed to be the yield harvested less 2 per cent thereof for every 1 
per cent reduction in sound mature kernels below 55 per cent to a 
maximum reduction of 50 per cent of the yield harvested. 

Final Adjustment of Loss For Total Planted Acreage 

4.— (1) The indemnity payable with respect to the total planted 
acreage in the final adjustment of loss is that payable under para- 
graph 2. 

(2) The indemnity payable under paragraph 2 shall be reduced by 
the result obtained by multiplying the established price by the 
amount by which, 

(a) the actual production of any harvested acreage exceeds the 
coverage of that acreage; or 



(b) the potential production of any harvested acreage 
the coverage of that acreage. 



exceeds 



98 



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Reg./Règl. 236 



Incorrect Acreage in Final Acreage Report 

5.— (1) If the actual planted acreage of peanuts in a crop year is 
less than the planted acreage declared on the final acreage report, 

(a) the coverage shall be decreased proportionately in calculat- 
ing whether there has been a loss; and 

(b) the actual production shall be used in calculating the aver- 
age farm yield in order to determine coverage for the fol- 
lowing crop year. 

(2) If the actual planted acreage of peanuts in a crop year is less 
than the planted acreage declared in the final acreage report, the 
Commission shall not refund any part of the premium. 

(3) If the actual planted acreage of peanuts in a crop year exceeds 
the planted acreage declared on the final acreage report, the actual 
production shall be used in calculating whether there has been a loss 
and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced in proportion to the acreage 
declared in the final acreage report, 

in calculating the average farm yield in order to determine coverage 
for the following crop year. 

In Witness Whereof, The Crop Insurance Commission of 
Ontario has caused this endorsement to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.,19. 



Duly Authorized 
Representative 



General Manager 



O. Reg. 606/88, Form 1. 



REGULATION 236 
CROP INSURANCE PLAN FOR PEARS 

1. The plan in the Schedule is established for the insurance within 
Ontario of pears. R.R.O. 1980, Reg. 216, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Pears". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of pears resulting from one or more of the per- 
ils designated in section 4. 



Definitions 



3. In this plan. 



'average yield" means the average total orchard production of the 
insured person over the preceding six years allowing for. 



(a) age of trees, 

(b) biennial bearing, 

(c) tree removal, and 

(d) change in acreage; 

"pears" means all varieties of pears produced in Ontario. 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Fire blight. 

4. Freeze injury. 

5. Frost. 

6. Hail. 

7. Unavoidable pollination failure. 

8. Wind damage. 

Designation of Crop Year 

5. The crop year for pears is the period from the 1st day of Decem- 
ber in any year to the 30th day of November next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for pears shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; 

(c) the production guarantee report; and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of, 

(i) $100, or one-quarter of the premium payment made 
by the insured person for the previous crop year, 
whichever is the greater, or 

(ii) an amount to be determined by the Commission; 
and 

(c) be filed with the Commission not later than the 1st day of 
December in the crop year in respect of which it is made. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of December in the crop year during which the 



99 



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Reg./Règl. 236 



cancellation is to be effective or on or before such other date as may 
be determined from time to time by the Commission. 

Coverage 

9.— (1) Subject to subsection (4), the initial coverage provided 
under a contract of insurance shall be 73 per cent of the average yield 
in pounds as determined by the Commission multiplied by the estab- 
lished price. 

(2) Subject to subsection (4), the coverage provided under a con- 
tract of insurance following a year in which there was no claim shall 
be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 76 per 
cent; 

(c) where the previous year's coverage was 76 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average yield in pounds as determined by the Commission 
multiplied by the established price. 

(3) Subject to subsection (4), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall 
be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 76 per 
cent; 

(c) where the previous year's coverage was 76 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average yield in pounds as determined by the Commission 
multiplied by the established price. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) The number of pounds determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

10.— (1) The established price for pears is, 

(a) 12 cents per pound; or 

(b) 16 cents per pound. 

(2) Subject to subsections (3) and (4), the established price per 
pound selected by an applicant at the time a contract of insurance is 
made applies in each succeeding crop year during which the contract 
is in force. 

(3) Where, 



(a) the insured person applies therefor in writing prior to the 
1st day of December in the crop year; and 

(b) the Commission consents in writing, 

any established price designated in subsection (1) may be substituted 
for the established price selected by the insured person at the time a 
contract of insurance is made or for any established price substituted 
in lieu thereof under this subsection. 

11. The maximum indemnity for which the Commission is liable 
under a contract of insurance is the amount obtained by multiplying 
the total guaranteed production determined under section 9 by the 
established price per pound determined under section 10. 

Premiums 

12.— (1) The total premium payable in the crop year is as follows: 

(a) where the coverage is 80 per cent, 13 per cent of the guaran- 
teed production in pounds multiplied by the established 
price; 

(b) where the coverage is 78 per cent, 14 per cent of the guaran- 
teed production in pounds multiplied by the established 
price; 

(c) where the coverage is 76 per cent, 15 per cent of the guaran- 
teed production in pounds multiplied by the established 
price; 

(d) where the coverage is 73 per cent, 16 per cent of the guaran- 
teed production in pounds multiplied by the established 
price; and 

(e) where the coverage is 70 per cent, 17 per cent of the guaran- 
teed production in pounds multiplied by the established 
price. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, to 
the Commission at the time the production guarantee report pre- 
scribed by section 14 is returned to the Commission. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of December 
in the crop year, pay the premium deposit as set out in clause 7 (b). 

Production Guarantee Report 

14. The Commission shall prepare and deliver a production guar- 
antee report in the form prescribed by the Commission to each 
insured person in each crop year and the insured person shall sign a 
copy thereof and return it to the Commission. R.R.O. 1980, Reg. 
216, Sched.; O. Reg. 771/81, ss. 1-3; O. Reg. 753/82, s. 1; O. Reg. 
39/83, s. 1; O. Reg. 795/83, ss. 1, 2; O. Reg. 8/85, ss. 1, 2; O. Reg. 
648/85, ss. 1-5; O. Reg. 69/88, s. 1; O. Reg. 119/89, s. 1; O. Reg. 
464/90, s. 1. 



100 



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Reg./Règl. 236 



Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinaf- 
ter referred to as "THE COMMISSION", 



of the first part 



— and— 



of the of 

in the County (or as the case may be) of 



hereinafter referred to as "THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
pears under The Ontario Crop Insurance Plan for Pears, hereinafter 
referred to as "the plan". 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of pears resulting from 
one or more of the perils designated in the plan, the Commission, 
subject to the terms and conditions hereinafter set forth, agrees to 
indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Insured Crop 

1. In this contract, "insured crop" means all varieties of pears pro- 
duced in Ontario. 

Causes of Loss Not Insured Against 

2. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease, other than fire blight; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated by the 
insured person in Ontario, and, subject to subparagraph (2), this 
contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

4.— (1) All insured acreage shall be harvested unless the Commis- 
sion, upon application therefor in writing, consents in writing to the 



abandonment or destruction of the insured crop or any part thereof 
and, in such case, the Commission shall determine, 

(a) the potential production of the unharvested acreage; and 

(b) whether the harvesting was prevented by one or more of 
the perils insured against. 

(2) Where an insured person fails to obtain the consent of the 
Commission in accordance with subparagraph (1), no indemnity shall 
be paid in respect of the unharvested acreage. 

Evaluation of Loss 

5.— (1) The amount of loss that shall be taken into account in the 
final adjustment of loss in respect of the total insured acreage shall 
be calculated by multiplying the difference between the guaranteed 
production and the actual production by the established price per 
pound. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) the total orchard run of all insured acreage; and 

(b) the potential production of wholly or partially unharvested 
acreage where the failure to harvest resulted from a cause 
of loss not insured against. 

(3) Where the insured crop or any part thereof has suffered 
freeze, hail or wind damage to such an extent that it is unsuitable for 
sale, it shall not be counted as production. 

(4) Despite subparagraph (3), where freeze, hail or wind dam- 
aged pears are sold to a winery or distillery at less than the prevailing 
price for unblemished fruit, the actual production shall be deemed to 
be reduced in the ratio that the salvage value received for the crop 
bears to the market price for processing pears as set by The Ontario 
Tender Fruit Growers' Marketing Board. 

Notice of Loss or Damage 

6.-(l) Where, 

(a) loss or damage to the insured crop occurs; or 

(b) the insured crop or any part thereof is or is intended to be 
sold on a pick-your-own basis, 

the insured person shall notify the Commission in writing as soon as 
the damage occurs in order that a pre-harvest inspection may be 
made. 

(2) Where the insured person fails to notify the Commission pur- 
suant to subparagraph (1), a claim by the insured person is invalid 
and the insured person's right to indemnity is forfeited. 

Misrepresentation, Violation of Conditions or Fraud 

7. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 



101 



Reg./Règl. 236 



CROP INSURANCE 



Reg./Règl. 236 



(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the insured per- 
son's right to indemnity under this contract in respect of the insured 
crop but an assignment is not binding on the Commission and no 
payment of indemnity shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Adjustment of Loss 

11.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 

Proof of Loss 

12.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 



(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 10. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

13. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

14.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

15. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

16. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

17.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be served by per- 
sonal delivery or by mailing it to the insured person's last known 
address on file with the Commission. 

(3) A written notice that is mailed shall be deemed to be served 
three days after it is mailed. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at . 
this day of , 



.,19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 216, Form 1; O. Reg. 39/83, s. 2; O. Reg. 8/85, 
s. 3; O. Reg. 119/89, s. 2; O. Reg. 464/90, s. 2. 



102 



Reg./Règl. 237 



ASSURANCE-RECOLTE 



Reg./Règl. 237 



REGULATION 237 
CROP INSURANCE PLAN FOR PEAS 

1. The plan in the Schedule is established for the insurance within 
Ontario of peas. R.R.O. 1980, Reg. 217, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Peas". 

2. The purpose of this plan is to provide for insurance against a 
loss resulting from one or more of the perils designated in section 4. 

Dehnitions 

3. In this plan, 

"peas" means green peas produced in Ontario for processing; 

"processor" means a person engaged in the business of processing 
peas; 

"ton" means 2,000 pounds. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Excessive heat. 

10. Any other adverse weather condition. 
Designation of Crop Year 

5. The crop year for peas is the period from the 1st day of March in 
any year to the 15th day of September next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
peas shall be deemed to be comprised of, 

(a) thecontractof insurance in Form 1; 

(b) the application for insurance; and 

(c) an amendment to any document referred to in clause (a) or 
(b) agreed upon in writing. 

7. An application for insurance shall. 



(a) be in a form provided by the Commission; and 

(b) be filed with the Commission not later than, 

(i) the 1st day of May in the crop year, or 

(ii) such other date as may be determined by the Com- 
mission. 

Duration of Contract 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made. 

Coverage 

9. The coverage per acre provided in the crop year under a con- 
tract of insurance shall be 80 per cent of the value of production of 
the insured person. 

10. The value of production for each acre of the insured crop shall 
be computed annually by the Commission on the basis of production 
records and shall not include any harvesting costs. 

Liability 

11. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance is the amount 
obtained by multiplying the amount in dollars per acre under section 
9 by the number of insured acres. 

Premiums 

12.— (1) The total premium payable in respect of acreage under 
contract to a processor is $65 per acre. 

(2) Despite any authorization by an insured person in an applica- 
tion for insurance, the payment of the premium is the responsibility 
of the insured person and such premium shall be paid in any event 
not later than ten days after written demand therefor by the Commis- 
sion. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

Final Date For Seeding 

13. For the purposes of this plan, the final date for seeding peas in 
a crop year is, 

(a) in the County of Essex and in the Township of Romney and 
Tilbury East in the County of Kent, the 24th day of May; 

(b) in the counties of Elgin, Huron, Middlesex, Oxford and 
Perth, the 15th day of June; and 

(c) in every other part of Ontario, the 5th day of June. 

Final Date For Harvesting 

14. For the purposes of this plan, the final date for harvesting peas 
in a crop year is the 15th day of September or such other date as may 
be determined from time to time by the Commission. R.R.O. 1980, 
Reg. 217, Sched.; O. Reg. 289/81, s. 1; O. Reg. 307/82, s. 1; 
O. Reg. 273/83, s. 1; O. Reg. 357/84, ss. 1-3; O. Reg. 299/85, 
ss. 1-4; O. Reg. 208/86, ss. 1, 2; O. Reg. 321/87, ss. 1-3; O. Reg. 
443/89, s. 1; O. Reg. 473/90, s. 1. 



103 



Reg./Règl. 237 



CROP INSURANCE 



Reg./Règl. 237 



TABLE 1 



Percentage By-passed 

of Total Acreage 

Contracted by 

Processing Plant 


Maximum Insurance 

Liability 

(percentage of 

value of production) 


4.9% or less 
5-8.9% 
9-12.9% 
13% or more 


80 
70 
60 
50 



R.R.O. 1980, Reg. 217, Table 1; O. Reg. 208/86, s. 3. 
TABLE 2 



Potential Green 

Pea Crop 

in Tons 


Percentage of 

Indemnity Otherwise 

Payable 


2 tons or more 


75 


13/4 tons 


80 


1 V2 tons 


85 


1 Va tons 


90 


1 ton 


95 


Less than 1 ton 


100 



R.R.O. 1980, Reg. 217, Table 2. 
Form 1 
Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinaf- 
ter referred to as "THE COMMISSION", 



OF THE FIRST PART 



-and— 



of the of 



in the County (or as the case may be) of , 

hereinafter referred to as "THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
peas under The Ontario Crop Insurance Plan for Peas, hereinafter 
referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, where in a crop year the insured 
person suffers a loss resulting from one or more of the perils desig- 
nated in the plan, the Commission, subject to the terms and condi- 
tions hereinafter set forth, agrees to indemnify the insured person in 
respect of such loss. 

Causes of Loss Not Insured Against 

1. This contract does not insure against, and no indemnity shall be 
paid in respect of, a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 



(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease unless recommended 
spray programs were followed; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
planted in the crop year to peas on the farm or farms operated by the 
insured person in Ontario, whether grown under contract or not and 
this contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that was planted after the final date prescribed for planting 
in the plan; or 

(c) that, in the opinion of the Commission, is not insurable. 

Variation in Fi^anted Acreage 

3.— (1) Where the acreage planted by the insured person in the 
crop year is not the same as that stated in the application for insur- 
ance, the insured person shall, not later than the 15th day of July, 
notify the Commission in writing of the actual acreage planted. 

(2) Where the actual planted acreage of the insured crop is less 
than that stated in the application for insurance, the maximum 
amount of indemnity shall be reduced proportionately. 

(3) Where the actual planted acreage of the insured crop is more 
than that stated in the application for insurance, the maximum 
amount of indemnity and the premium payable shall not be increased 
but the income from the total planted acreage shall be included in 
establishing the income of the insured person unless the processor 
increases the contract acreage accordingly. 

Harvesting of Planted Acreage 

4.— (1) All acreage planted to the insured crop in the crop year 
shall be harvested as peas for processing unless the Commission, 
upon application therefor in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) The final date for the harvesting referred to in subparagraph 
(1) is the 15th day of September or such other date as may be deter- 
mined from time to time by the Commission. 

(3) Where the harvesting of any planted acreage is not completed 
on the date prescribed by subparagraph (2), the insured person shall 
forthwith notify the Commission in writing. 

(4) Where an insured person fails to notify the Commission in 
accordance with subparagraph (3), no indemnity shall be paid in 
respect of the unharvested acreage. 

EvAt,uATiON of Loss 

5.— (1) Where loss or damage to three acres or more of the insured 
crop occurs at any time following the planting of the insured crop or 
any part thereof, the Commission upon application therefor in writ- 
ing by the insured person, may consent in writing to. 



104 



Reg./Règl. 237 



ASSURANCE-RECOLTE 



Reg./Règl. 237 



(a) one replanting of the damaged acreage, if the replanting is 
completed by the final planting date for the area; 

(b) the use of the damaged acreage for an alternate crop; or 

(c) the abandonment or destruction of the insured crop on such 
damaged acreage. 

(2) Where the damaged acreage is replanted to peas in accor- 
dance with clause (1) (a), the Commission shall pay to the insured 
person a supplementary benefit of $135 for each acre replanted and 
the contract of insurance shall continue to apply to such replanted 
acreage. 

(3) Where the damaged acreage is planted to an alternate crop by 
the 30th day of June in a crop year in accordance with clause (1) (b), 
the Commission shall pay to the insured person a supplementary 
benefit of $135 for each acre replanted, the replanted acreage shall 
be released from the contract of insurance and the guaranteed pro- 
duction and indemnity payable shall be reduced accordingly. 

Stage 2 

6.— (1) Subject to any revision in insured acreage made under sub- 
paragraph 5 (3), and subject to subparagraph (3), the amount of loss 
that shall be taken into account in the final adjustment of loss is the 
amount by which the sum of, 

(a) an amount obtained by multiplying the amount of dollars 
per acre coverage by the number of insured acres; and 

(b) an allowance for the cost of harvesting as set out in the 
grower-processor contract, 

exceeds the sum of, 

(c) the total gross income of the insured person from the 
insured crop as evidenced by the processor's statement of 
production; 

(d) the value as determined by the Commission of the potential 
production of acreage unharvested for reasons other than 
the insured perils; and 

(e) any loss sustained by reason of a peril other than the perils 
designated in the plan. 

(2) Despite subparagraph (1), where all or any part of the insured 
acreage is by-passed due to an insured peril, the Commission, upon 
application therefor in writing by the insured person, may consent in 
writing to the release from the contract of insurance of the by-passed 
acreage and adjust the loss on such acreage without regard to the 
income from any remaining acreage. 

(3) Despite subparagraph (1 ), the indemnity payable in respect of 
by-passed acreage shall be calculated on the basis of the by-passing 
record of the processing plant to whom the crop is contracted in 
accordance with Table 1 . 

Misrepresentation, Vioij^tion of Conditions or Fraud 

7. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 



(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the insured per- 
son's right to indemnity under this contract in respect of the insured 
crop but an assignment is not binding on the Commission and no 
payment of indemnity shall be made to an assignee unless. 



(a) 



the assignment is made on a form provided by the Commis- 
sion; and 



(b) the Commission consents thereto in writing. 

Notice of Loss or Damage 

11.— (1) Where loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission forthwith by telephone and shall 
confirm in writing within twenty-four hours after such time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 
reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of the insured crop its 
total gross value as evidenced by the processor's statement of pro- 
duction is less than the total insured coverage, the insured person 
shall notify the Commission in writing forthwith. 

Notice of By-Passing 

12. Where acreage is by-passed by the processor, the insured per- 
son shall notify the Commission forthwith by telephone and confirm 
in writing within twenty-four hours. 



105 



Reg./Règl. 237 



CROP INSURANCE 



Reg./Règl. 238 



Abandonment, Destruction or Alternate Use 



Time For Payment of Indemnity 



13.— (1) Acreage planted to the insured crop shall not be put to 
another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage as green peas for processing. 

(3) Where by-passed acreage is harvested for use as peas other 
than peas for processing, the indemnity otherwise payable shall be 
adjusted in accordance with Table 2. 

Adjustment of Loss 

14.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 



17.— (1) No indemnity under this contract becomes due and pay- 
able until. 



(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 



(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the total gross income obtained from the insured crop for 
the crop year; and 

(b) that the loss in income or part thereof resulted directly from 
one or more of the perils insured against. 

(4) Where a loss resulted partly from a peril insured against and 
partly from a cause of loss not insured against, the Commission shall 
determine the amount of the loss that resulted from the cause of loss 
not insured against, and the indemnity payable by the Commission 
under this contract shall be reduced accordingly. 

Proof of Loss 

15.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made. 



Subrogation 

18. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

19. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

20.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the insured person's last post office address on file with the Commis- 



In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.,19.. 



(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 10. 

(4) Where required by the Commission, the information given in 
a proof of loss shall be verified by statutory declaration. 

Arbitration 

16. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 217, Form 1; O. Reg. 307/82, s. 2; O. Reg. 
273/83, s. 2; O. Reg. 357/84, ss. 4, 5; O. Reg. 299/85, s. 5; O. Reg. 
208/86, s. 4; O. Reg. 320/88, s. 1. 



REGULATION 238 
CROP INSURANCE PLAN FOR PEPPERS 

1. The plan in the Schedule is established for the insurance within 
Ontario of peppers. R.R.O. 1980, Reg. 218, s. 1. 



106 



Reg./Règl. 238 



ASSURANCE-RECOLTE 



Reg./Règl. 238 



Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Peppers". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of peppers resulting from one or more of the 
perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"peppers" means the banana or bell type of peppers produced in 
Ontario; 

"ton" means 2000 pounds. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

\. Drought. 

2. Excessive rainfall. 

3. Flood. 

4. Freeze. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Sunburn. 
10. Wildlife, 
n. Wind. 

12. Any other adverse weather condition. 
Designation of Crop Year 

5. The crop year for peppers is the period from the 1st day of 
March in any year to the 15th day of October next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
peppers shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 



(b) the application for insurance; 

(c) the final acreage report; and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of the greater of, 

(i) $150, or 
(ii) $25 per acre; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which the application is 
made. 

Duration of Contract 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made unless it is terminated in accordance with 
the regulations. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual _ 2 
Yield Yield 3 



[Actual _ /Average x i 3 \1 
Yield V Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual , 2 F /Average ^ q y\ Actual "I 
Yield Yield 3 L\ Yield ' / Yield J 

10.— (1) Subject to subsections (2) and (3), the coverage provided 
under a contract of insurance shall be 70 per cent of the average farm 
yield in tons of the total acreage planted to peppers by the insured 
person in accordance with the regulations. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 73 per cent of the aver- 
age farm yield. 

2. Following the second no claim year, to 76 per cent of the 
average farm yield. 

3. Following the third no claim year, to 78 per cent of the 
average farm yield. 

4. Following the fourth no claim year, to a maximum of 80 per 
cent of the average farm yield. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except that where a loss 
occurs in a year when the coverage is 70 per cent, the coverage shall 
be reduced to a minimum of 65 per cent. 



107 



Reg./Règl. 238 



CROP INSURANCE 



Reg./Règl. 238 



(4) Where, in any year, a claim is paid in an amount less than 
one-half of the total premium for that year, the coverage for the fol- 
lowing year shall remain unchanged. 

(5) The number of tons determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

11. The maximum amount for which the Commission is liable 
under a contract of insurance shall be the amount obtained by multi- 
plying the total guaranteed production determined under section 10 
by the established price per ton determined under section 12. 

12.— (1) The established price for peppers is, 

(a) $160 per ton; or 

(b) $200 per ton. 

(2) Where, 

(a) the insured person applies therefor in writing on or before 
the 1st day of May in a crop year; and 

(b) the Commission consents in writing, 

any established price designated herein may be substituted for the 
established price selected by the insured person at the time of appli- 
cation, or for any established price substituted in lieu thereof under 
this section. 

(3) Where, upon any renewal, the insured person fails to select 
an established price under subsection (2), the Commission may des- 
ignate the established price applicable to the contract for the crop 
year. 

Premiums 

13.— (1) The premium for peppers is, 

(a) $136 per acre where the established price is $160 per ton; 
and 

(b) $170 per acre where the established price is $200 per ton. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $150. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
seeds acreage to peppers. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time the insured person files the final 
acreage report prescribed by section 17. 

Final Date for Planting 

15. For the purpose of this plan, the final date for planting peppers 
in a crop year is the 10th day of June. 

Final Date for Harvesting 

16. For the purpose of this plan, the final date for harvesting pep- 
pers in a crop year is the 15th day of October or such other date as 
may be determined from time to time by the Commission. 

Final Acreage Reports 

17.— (1) Every insured person shall file with the Commission in 



each crop year a final acreage report in a form provided by the Com- 
mission within ten days after seeding is completed or within such 
other time as may be determined by the Commission. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

18.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the person rejects the revision within ten days after the 
Commission notification is served on the person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

19.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
sutjsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. R.R.O. 1980, Reg. 218, Sched.; O. Reg. 
404/81, ss. 1-5; O. Reg. 95/82, ss. 1, 2; O. Reg. 270/83, s. 1; O. Reg. 
459/84, ss. 1, 2; O. Reg. 303/85, ss. 1-5; O. Reg. 85/86, s. 1; O. Reg. 
227/88, ss. 1, 2; O. Reg. 306/89, s. 1; O. Reg. 472/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinaf- 
ter referred to as "THE COMMISSION", 



OF the first part 



— and— 



of the of 



108 



Reg./Règl. 238 



ASSURANCE-RECOLTE 



Reg./Règl. 238 



in the County (or as the case maybe) of 

hereinafter referred to as "THE INSURED 

PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
peppers under The Ontario Crop Insurance Plan for Peppers, herein- 
after referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of peppers resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Causes of Loss Not Insured Against 

1. This contract does not insure against, and no indemnity shall be 
paid in respect of, a loss in the production of the insured crop result- 
ing from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease unless recommended 
spray programs were followed; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
planted in the crop year to peppers on the farm or farms operated by 
the insured person in Ontario and, subject to subparagraph (2), this 
contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that was planted after the final date prescribed for planting 
in the plan; 

(c) that, in the opinion of the Commission, is not insurable; or 

(d) on which the insured crop is a volunteer crop. 

Variation in Planted Acreage 

3.— (1) Where the acreage planted by the insured person in the 
crop year is not the same as that stated in the final acreage report, 
the insured person shall, not later than the 15th day of July or such 
other date as may be determined by the Commission, notify the 
Commission in writing of the actual acreage planted. 

(2) Where the actual planted acreage of the insured crop is less 
than that stated in the final acreage report, the total guaranteed pro- 
duction and the maximum amount of the indemnity shall be reduced 
proportionately and there shall be no refund of premium. 

(3) Where the actual planted acreage of the insured crop is more 
than that stated in the final acreage report, the total guaranteed pro- 
duction, the maximum amount of indemnity and the premium pay- 
able shall not be increased but the production from the total planted 
acreage shall be included in establishing the production of the 
insured person. 



Harvesting of Planted Acreage 

4.— (1) All acreage planted to the insured crop in the crop year 
shall be harvested unless the Commission, upon application therefor 
in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) The final date for the harvesting referred to in subparagraph 
(1) is the 15th day of October or such other date as may be deter- 
mined from time to time by the Commission. 

(3) Where the harvesting of any planted acreage is not completed 
on the date prescribed by subpargraph (2), the insured person shall 
forthwith notify the Commission in writing. 

(4) Where an insured person fails to notify the Commission in 
accordance with subparagraph (3), no indemnify shall be paid in 
respect of the unharvested acreage. 

Misrepresentation, Violation or Conditions of Fraud 

5. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnify is forfeited. 

Waiver or Alterations 

6. No term or condition of the contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

7. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the total guaranteed produc- 
tion; and 

(b) except as provided in paragraph 8, no indemnify shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

8. The insured person may assign all or part of the insured person's 
right to indemnify under the contract in respect of the insured crop 
but an assignment is not binding on the Commission and no payment 
of indemnify shall be made to an assignee unless. 



109 



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CROP INSURANCE 



Reg./Règl. 238 



(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Evaluation of Loss 

9.— (1) Where loss or damage occurs at any time after the comple- 
tion of planting, the Commission, upon application therefor in writ- 
ing by the insured person, may consent in writing to, 

(a) replanting of the damaged acreage and, in such case, the 
replanting shall be completed not later than the 10th day of 
June in the crop year or not later than such other date as 
may be determined from time to time by the Commission; 
or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres. 

(2) Where the damaged acreage is replanted to the insured crop 
in accordance with clause (1) (a), the contract of insurance shall con- 
tinue to apply to such replanted acreage and the Commission shall 
pay a benefit to the insured person in an amount equal to the actual 
cost of the plants that are used in the replanting but not exceeding 
the lesser of, 

(a) the cost of the original plants in respect of the replanted 
acreage; or 

(b) an amount calculated at the rate of $500 for each replanted 
acre. 

(3) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(1) (b), a benefit of the cost of the original plants or $500, whichever 
is the lesser, for each acre so abandoned or destroyed shall be paid 
and the contract of insurance shall cease to apply to such acreage. 

(4) Where the damaged acreage is not used for any other purpose 
or the crop is not abandoned or destroyed after the Commission has 
consented thereto, the amount of loss calculated under subparagraph 
(3) shall not be taken into account in the final adjustment of loss. 

(5) Where harvesting has been completed, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per ton. 

(6) For the purpose of subparagraph (5), actual production shall 
include potential production of wholly or partially unharvested acre- 
age unless the failure to harvest resulted from a cause of loss desig- 
nated in the plan. 

Notice of Loss or Damage 

10.— (1) Where loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission in writing within twenty-four 
hours of such time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 



reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of the insured crop 
the actual production is less than the total guaranteed production, 
the insured person shall notify the Commission in writing forthwith. 

Abandonment, Destruction or Alternate Use 

11.— (1) Acreage planted to the insured crop shall not be put to 
another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage. 

Adjustment of Loss 

12.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it considers proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 

(5) The indemnity payable with respect to the total planted acre- 
age in the final adjustment of loss shall be the sum of all loss calcula- 
tions applicable to such acreage, but, where the actual production of 
any harvested acreage exceeds the guaranteed production of such 
acreage, the indemnity otherwise payable for a loss in production 
shall be reduced by the amount obtained by multiplying such excess 
by the established price per ton. 

Proof of Loss 

13.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sbcty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 8. 



110 



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ASSURANCE-RECOLTE 



Reg./Règl. 239 



(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

14. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under the contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 



15.— (1) No indemnity under the contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

16. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

17. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

18. — (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the insured person's last post office address on file with the Commis- 
sion. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.,19., 



Duly Authorized 
Representative 



General Manager 



REGULATION 239 
CROP INSURANCE PLAN FOR PLUMS 

1. The plan in the Schedule is established for the insurance within 
Ontario of plums. R.R.O. 1980, Reg. 219, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Plums". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of plums resulting from one or more of the 
perils designated in section 4. 



Definitions 



3. In this plan. 



R.R.O. 1980, Reg. 218, Form 1; O. Reg. 404/81, s. 6; O. Reg. 
95/82, s. 3; O. Reg. 270/83, s. 2; O. Reg. 459/84, s. 3; O. Reg. 
303/85, s. 6; O. Reg. 227/88, s. 3; O. Reg. 306/89, s. 2. 



"average yield" means the average total orchard production of the 
insured person over the preceding six years allowing for, 

(a) age of trees, 

(b) tree removal, and 

(c) change in acreage; 

"plums" means all varieties of plums produced in Ontario. 
Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Freeze injury. 

4. Frost. 

5. Hail. 

6. Hurricane or tornado damage. 

7. Unavoidable pollination failure. 

Designation of Crop Year 

5. The crop year for plums is the period from the 1st day of 
December in any year to the 30th day of November next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for plums shall be deemed to be comprised of, 

(a) thecontractof insurance in Form 1; 

(b) the application for insurance; 

(c) the production guarantee report; and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall. 



111 



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CROP INSURANCE 



Reg./Règl. 239 



(a) be in a form provided by tlie Commission; 

(b) be accompanied by a premium deposit of, 

(i) $100, or one-quarter of the premium payment made 
by the insured person for the previous crop year, 
whichever is the greater, or 

(ii) an amount to be determined by the Commission; 
and 

(c) be filed with the Commission not later than the 1st day of 
December in the crop year in respect of which it is made. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the party on or before 
the 1st day of December in the crop year during which the cancella- 
tion is to be effective or on or before such other date as may be 
determined from time to time by the Commission. 

Coverage 

9.— (1) Subject to subsections (2) and (3), the coverage provided 
under a contract of insurance is 63 per cent of the average yield as 
determined by the Commission multiplied by the established price. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1 . Following the first no claim year, to 66 per cent. 

2. Following the second no claim year, to 68 per cent. 

3. Following the third no claim year, to a maximum of 70 per 
cent. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except that where a claim 
occurs in a year when the coverage is 63 per cent, the coverage shall 
be reduced to a minimum of 60 per cent. 

(4) The number of pounds determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

10.— (1) The established price for plums is, 

(a) 15 cents; or 

(b) 20 cents, 
per pound. 

(2) Subject to subsections (3) and (4), the established price per 
pound selected by an applicant at the time a contract of insurance is 
made applies in each succeeding crop year during which the contract 
is in force and that such price is prescribed by the regulations. 

(3) Where, 

(a) the insured person applies therefor in writing prior to the 
1st day of December in the crop year; and 

(b) the Commission consents in writing, 

any established price designated in subsection (1) may be substituted 



for the established price selected by the insured person at the time a 
contract of insurance is made or for any established price substituted 
in lieu thereof under this subsection. 

(4) Despite anything in this section, the price selected by the 
insured person shall not exceed the average price received by that 
person for all plums marketed over the preceding year. 

11. The maximum indemnity for which the Commission is liable 
under a contract of insurance shall be the amount obtained by multi- 
plying the total guaranteed production determined under section 9 
by the established price per pound determined under section 10. 

Premiums 

12. — (1) The total premium payable in the crop year is, 

(a) where the level of coverage is 70 per cent, 21 per cent; 

(b) where the level of coverage is 68 per cent, 22 per cent; 

(c) where the level of coverage is 66 per cent, 23 per cent; 

(d) where the level of coverage is 63 per cent, 24 per cent; and 

(e) where the level of coverage is 60 per cent, 25 per cent, 

of the guaranteed production in pounds multiplied by the established 
price. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed in subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, to 
the Commission at the time the production guarantee report pre- 
scribed by section 14 is returned to the Commission. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of December 
in the crop year, pay the premium deposit as set out in clause 7 (b). 

Production Guarantee Report 

14. The Commission shall prepare and deliver a production guar- 
antee report in the form prescribed by the Commission to each 
insured person in each crop year and the insured person shall sign a 
copy thereof and return it to the Commission. R.R.O. 1980, Reg. 
219, Sched.; O. Reg. 772/81, ss. 1-3; O. Reg. 754/82, s. 1; O. Reg. 
40/83, s. 1; O. Reg. 797/83, ss. 1, 2; O. Reg. 9/85, s. 1; O. Reg. 
649/85, ss. 1-5; O. Reg. 36/89, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinaf- 
ter referred to as "THE COMMISSION", 

OF the first part 



112 



Reg./Règl. 239 



ASSURANCE-RECOLTE 



Reg./Règl. 239 



— and— 



of the of 



in the County (or as the case may be) of • 

hereinafter referred to as "THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has appHed for crop insurance on 
plums under The Ontario Crop Insurance Plan for Plums, herein- 
after referred to as "the plan". 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of plums resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Insured Crop 

1. In this contract, "insured crop" means all varieties of plums pro- 
duced in Ontario. 

Causes of Loss Not Insured Against 

2. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated by the per- 
son in Ontario, and, subject to subparagraph (2), this contract 
applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

4.— (1) All insured acreage shall be harvested unless the Commis- 
sion, upon application therefor in writing, consents in writing to the 
abandonment or destruction of the insured crop or any part thereof 
and, in such case, the Commission shall determine, 

(a) the potential production of the unharvested acreage; and 

(b) whether the harvesting was prevented by one or more of 
the perils Insured against. 

(2) Where an insured person fails to obtain the consent of the 
Commission In accordance with subparagraph (1), no Indemnity shall 
be paid In respect of the unharvested acreage. 

Evaluation of Loss 

5.— (1) The amount of loss that shall be taken Into account In the 
final adjustment of loss In respect of the total insured acreage shall 



be calculated by multiplying the difference between the guaranteed 
production and the actual production by the established price per 
pound. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) the total orchard run of all insured acreage; and 

(b) the potential production of wholly or partially unharvested 
acreage where the failure to harvest resulted from a cause 
of loss not Insured against. 

(3) Where the Insured crop or any part thereof has suffered 
freeze, hall, hurricane or tornado damage to such an extent that it Is 
unsuitable for sale. It shall not be counted as production. 

(4) Despite subparagraph (3), where freeze, hall, hurricane or 
tornado damaged plums are sold to a winery or distillery at less than 
the prevailing price for unblemished fruit, the actual production shall 
be deemed to be reduced In the ratio that the salvage value received 
for the crop bears to the market price for processing plums as set by 
The Ontario Tender Fruit Growers' Marketing Board. 

Notice of Loss or Damage 

6.-(l) Where, 

(a) loss or damage to the insured crop occurs; or 

(b) the Insured crop or any part thereof Is or Is intended to be 
sold on a pick-your-own basis, 

the Insured person shall notify the Commission In writing prior to 
harvest in order that a pre-harvest inspection may be made. 

(2) Despite subparagraph (1), where loss or damage to the 
Insured crop occurs and the damage was occasioned at a readily 
ascertainable time, the Insured person shall notify the Commission In 
writing within the following time limits: 

1. For hail, hurricane or tornado damage, within three days of 
the time of loss. 

2. For frost damage or freeze Injury affecting the quality of 
the fruit, within three days of the time of loss. 

(3) Where the insured person falls to notify the Commission 
under subparagraphs (1) and (2), a claim by the Insured person Is 
Invalid and the right to Indemnity Is forfeited. 

Misrepresentation, Violation of Conditions or Fraud 

7. Where the insured person, 

(a) In an application for insurance, 

(I) gives false particulars of the Insured crop to the prej- 
udice of the Commission, or 

(il) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of Insur- 
ance; 

(c) commits a fraud in respect of the Insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of Insurance, 

a claim by the insured person is invalid and the right to recover 
indemnity is forfeited. 



113 



Reg./Règl. 239 



CROP INSURANCE 



Reg./Règl. 239 



Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 



or on the person's failure or refusal to do so, by an assignee 
under an assignment made in accordance with paragraph 
10. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 



9. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 



13. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

14. — (1) No indemnity under this contract becomes due and pay- 
able until. 



10. The insured person may assign all or part of the right to indem- 
nity under this contract in respect of the insured crop but an assign- 
ment is not binding on the Commission and no payment of indemnity 
shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Adjustment of Loss 

11.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 

Proof of Loss 

12.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year, 
whichever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 



(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

15. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

16. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

17.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the person's last post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at . 
this day of , 



.,19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 219, Form 1; O. Reg. 40/83, s. 2; O. Reg. 9/85, 
s. 2. 



114 



Reg./Règl. 240 



ASSURANCE-RECOLTE 



Reg./Règl. 240 



REGULATION 240 
CROP INSURANCE PLAN FOR POPPING CORN 

1. The plan in the Schedule is established for the insurance within 
Ontario of popping corn. O. Reg. 312/81, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Popping Corn". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of popping corn resulting from one or more of 
the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"popping corn" means shelled grain corn grown for popping that, 

(a) when shelled, has a moisture content of not more than 13 
per cent, and 

(b) is of a merchantable quality suitable for human consump- 
tion. 

Designation of Perii.s 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for popping corn is the period from the 1st day of 
March in any year to the 1st day of December next following. 



Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for popping corn shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for popping corn in Form 1; 

(c) the application for insurance; and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which the application is 
made; and 

(c) be accompanied by a minimum premium deposit of $100. 

Duration of Contract 

8. — (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted_Actual _ 2 rActual_ /Average , , 
Yield Yield 3 L Yield \ Yield 



)] 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual 2 
Yield Yield 3 



r/Average ^ q .^\_ Actual "I 
LV Yield ■ / Yield J 



10.— (1) Subject to subsections (2), (3) and (4), the coverage pro- 
vided under a contract of insurance shall be 70 per cent of the aver- 
age farm yield in pounds of the total acreage seeded to popping corn 
by the insured person in accordance with the regulations or as may 
be otherwise determined by the Commission. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year to 73 per cent of the average 
farm yield. 

2. Following the second no claim year to 76 per cent of the aver- 
age farm yield. 



115 



Reg./Règl. 240 



CROP INSURANCE 



Reg./Règl. 240 



3. Following the third no claim year to 78 per cent of the average 
farm yield. 

4. Following the fourth no claim year to a maximum of 80 per 
cent of the average farm yield. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except that where a claim 
occurs in a year when the coverage is 70 per cent, the coverage shall 
be reduced to a minimum of 65 per cent. 

(4) Where, in any year, a claim is paid in an amount less than half 
the total premium for that year, the coverage for the following year 
shall remain unchanged. 

(5) The number of pounds determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

11. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance is the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 of the established price per pound prescribed by 
section 12. 

12. For the purpose of this plan, the established price for popping 
corn is $0.15 per pound. 

Premiums 

13.— (1) The total premium is $45.50 per acre. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

(4) The insured person shall pay the premium not later than ten 
days after the Commission has made a written demand for its pay- 
ment. 

(5) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). O. Reg. 312/81, Sched.; 
O. Reg. 96/82, ss. 1, 2; O. Reg. 218/82, ss. 1, 2; O. Reg. 269/83, 
s. 1; O. Reg. 291/85, ss. 1, 2; O. Reg. 225/88, ss. 1, 2; O. Reg. 
304/89, s. 1; O. Reg. 450/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

POPPING CORN ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
popping corn under The Ontario Crop Insurance Plan for Popping 
Corn, hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover popping corn. 

Harvesting of Seeded Acreage 

1. All acreage seeded to popping corn in a crop year shall be har- 
vested unless the Commission, upon application therefor in writing, 
consents in writing to, 

(a) the use of the seeded acreage or any part thereof for 
another purpose; or 



(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Evaluation of Loss 

2. For the purposes of determining the loss in production of pop- 
ping corn in a crop year and the indemnity payable therefor, the 
value of the crop shall progress through the stages prescribed in para- 
graphs 3 and 4. 

Stage 1 

3.— (1) Stage 1 comprises the period from the date on which the 
seeding of acreage to popping corn is completed to and including the 
15th day of June in the crop year. 

(2) Where loss or damage occurs in Stage 1, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to, 

(a) the seeding of the damaged acreage to another crop; or 

(b) the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof. 

(3) Where the damaged acreage is in excess of three acres and is 
reseeded in accordance with clause (2) (a), the contract of insurance 
shall cease to apply to such reseeded acreage and the total guaran- 
teed production shall be reduced accordingly. 

(4) Where the damaged acreage is abandoned or destroyed in 
accordance with clause (2) (b), the amount of loss that shall be taken 
into account in the final adjustment of loss in respect of the total 
seeded acreage shall be calculated by multiplying, 

(a) 50 per cent of the guaranteed production for the damaged 
acreage; or 

(b) the difference between the guaranteed production and the 
potential production determined under subparagraph (2), 
for the damaged acreage, 

whichever is the lesser, by the established price per pound. 

(5) Subject to subparagraph (6), where the crop on damaged 
acreage is not abandoned or destroyed after the Commission has 
consented thereto, the amount of loss calculated under subparagraph 
(4) shall not be taken into account in the final adjustment of loss, and 
the value of the crop shall progress into Stage 2. 

(6) Despite any application made in writing by the insured person 
under this paragraph, the Commission may, where loss or damage 
occurs in Stage 1, notify the insured person in writing that it intends 
to terminate the insurance coverage on such damaged acreage and to 
calculate the amount of loss in the manner prescribed in subpara- 
graph (4) with respect to such damaged acreage and where notice of 
such intention has been given, the Commission shall calculate 
accordingly the amount of loss to be taken into account in the final 
adjustment of loss and the value of the insured crop on such dam- 
aged acreage shall not progress beyond Stage 1. 

Stage 2 

4.— (1) Stage 2 commences on the 16th day of June in the crop 
year and, with respect to any part of the seeded acreage, ends with 
the completion of harvesting of such part. 

(2) Where loss or damage occurs in Stage 2, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to the abandonment or destruction of the insured crop 
on such damaged acreage and in such case, the Commission shall 
determine the number of damaged acres and the potential produc- 
tion thereof. 



116 



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ASSURANCE-RECOLTE 



Reg./Règl. 241 



(3) Where the insured crop is abandoned or destroyed in accor- 
dance with subparagraph (2), the amount of loss that shall be taken 
into account in the final adjustment of loss in respect of the total 
seeded acreage shall be calculated by multiplying the difference 
between, 

(a) the guaranteed production for the damaged acreage; and 

(b) the potential production determined under subparagraph 
(2) for the damaged acreage, 

by the established price per pound. 

(4) Where the crop is not abandoned or destroyed after the Com- 
mission has consented thereto, the amount of loss calculated under 
subparagraph (3) shall not be taken into account in the final adjust- 
ment of loss. 

(5) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total seeded acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per pound. 

Salvage 

5. Where, as the result of an insured peril, the insured crop or any 
part thereof is suitable only for feed, the amount of loss that shall be 
taken into account in the final adjustment of loss shall be the amount 
by which the liability under this plan for the damaged acreage 
exceeds the actual production for the damaged acreage multiplied by 
the highest established price for grain corn under The Ontario Crop 
Insurance Plan for Corn. 

6. The indemnity payable with respect to the total seeded acreage 
in the final adjustment of loss shall be the sum of all Stage I and 
Stage 2 loss calculations applicable to such acreage, but where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable for a loss in production shall be reduced by the 
amount obtained by multiplying such excess by the established price 
per pound. 

Variation in Seeded Acreage 

7.— (1) Where the actual seeded acreage of popping corn in a crop 
year is less than the seeded acreage declared by the insured person, 
the guaranteed production and the amount of insurance shall be 
reduced proportionately. 

(2) Where the actual seeded acreage of popping com in a crop 
year exceeds the seeded acreage declared by the insured person, the 
total guaranteed production shall remain unchanged. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at .... 
this day of . 



.,19., 



Duly Authorized 
Representative 



General Manager 



O. Reg. 312/81, Form 2; O. Reg. 450/90, s. 2. 



REGULATION 241 
CROP INSURANCE PLAN FOR POTATOES 

1. The plan in the Schedule is established for the insurance within 
Ontario of potatoes. O. Reg. 314/81, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Potatoes". 

2. The purpose of this plan is to provide for insurance against a 
loss in production of potatoes resulting from one or more of the per- 
ils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"hundredweight" means 100 pounds; 

"potatoes" means field run potatoes produced in Ontario. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wind. 
10. Wildlife. 

Crop Year 

5. The crop year for potatoes is the period from the 1st day of 
March in any year to the 15th day of November next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for potatoes shall be deemed to be comprised of. 



117 



Reg./Règl. 241 



CROP INSURANCE 



Reg./Règl. 241 



(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for potatoes in Form 1; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of, 

(i) $1 per acre, or 
(ii) $100, 
whichever is greater; and 

(c) be filed with the Commission, 

(i) in respect of acreage in the counties of Essex, Kent, 
Elgin and Norfolk, not later than the 1st day of 
April, and 

(ii) in respect of all other acreage, not later than the 1st 
day of April, 

in the crop year in respect of which it is made. 

Duration of Contract 

8. — (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party made 
not later than the final date for application for the area and the crop 
year in which the cancellation is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted ^ Actual _ 2 TActual /Average ,< i 3 \1 
Yield Yield 3 L Yield \ Yield ' /J 

(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted ^Actual ^ 2 F/Average ^ q ^\_ Actual "I 
Yield Yield sLv Yield ' ) Yield J 



10.— (1) Subject to subsection (4), the initial coverage provided 
under a contract of insurance shall be 75 per cent of the average farm 
yield in hundredweights of the total acreage seeded to potatoes by 
the insured person. 



(2) Subject to subsection (4), the coverage provided under a con- 
tract of insurance following a year in which there was no claim shall 
be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in hundredweights of the total acreage 
seeded to potatoes by the insured person. 

(3) Subject to subsection (4), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall 
be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in hundredweights of the total acreage 
seeded to potatoes by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

11. The established price for potatoes is, 

(a) $4 per hundredweight; or 

(b) $5 per hundredweight. 

12. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 by the established price per hundredweight pre- 
scribed in section 11. 

Premiums 

13.— (1) The total premium for potatoes is, 

(a) $72 per acre where the established price is $4 per hundred- 
weight; or 

(b) $90 per acre where the established price is $5 per hundred- 
weight. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 



118 



Reg./Règl. 241 



ASSURANCE-RÉCOLTE 



Reg./Règl. 241 



in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to potatoes. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time the final acreage report pre- 
scribed by section 15 is filed. 

Final Acreage Reports 

15.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage to potatoes is 
completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

16.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the Commission is notified in writing that the 
insured person rejects the revision within ten days after the Commis- 
sion notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

17.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of the final acreage 
report, if one is prepared, on the insured person either by personal 
delivery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Date for Planting 

18. For the purposes of this plan, the final date for planting pota- 
toes in a crop year is the 15th day of June. O. Reg. 314/81, Sched.; 
O. Reg. 97/82, ss. 1-3; O. Reg. 49/83, s. 1; O. Reg. 142/84, ss. 1-3; 
O. Reg. 159/86, ss. 1-7; O. Reg. 328/87, ss. 1-3; O. Reg. 516/88, 
s. 1; O. Reg. 301/89, s. 1; O. Reg. 451/90, s. 1. 



Forml 

Crop Insurance Act (Ontario) 

POTATO ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
potatoes under The Ontario Crop Insurance Plan for Potatoes, here- 
inafter referred to as "the plan", and has paid the deposit premium 
prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover potatoes. 

Harvesting of Puwted Acreage 

1.— (1) All acreage planted to potatoes in a crop year shall be har- 
vested unless the Commission, upon application therefor in writing, 
consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) Where the harvesting of any planted acreage is not completed 
within the normal time for harvesting for the area in which the 
planted acreage is situate, the insured person shall forthwith notify 
the Commission in writing. 

(3) Where the insured person fails to notify the Commission in 
accordance with subparagraph (2), no indemnity shall be paid in 
respect of the unharvested acreage. 

Stage 1 

2.— (1) Stage 1 comprises the period from the date on which the 
planting of acreage to potatoes is completed to and including the 
15th day of June. 

(2) Where three acres or more of the insured crop is lost or dam- 
aged in Stage 1, the Commission, upon application therefor in writ- 
ing by the insured person may consent in writing to, 

(a) the replanting of the damaged acreage provided that the 
replanting is completed not later than the 15th day of June; 
or 

(b) the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof. 

(3) Where the damaged acreage is replanted to potatoes in accor- 
dance with clause (2) (a), the Commission shall pay an indemnity of 
$200 for each acre replanted and the contract of insurance shall con- 
tinue to apply to such replanted acreage. 

(4) Where the damaged acreage is replanted to another crop, the 
Commission shall pay an indemnity of $200 per acre and the contract 
of insurance shall terminate with respect to such acreage. 

(5) Where the damaged acreage is destroyed or abandoned in 
accordance with clause (2) (b), the amount of loss that shall be taken 
into account in the final adjustment of loss in respect of the total 
planted acreage shall be calculated by multiplying, 

(a) 50 per cent of the guaranteed production for the damaged 
acreage; or 

(b) the difference between the guaranteed production and the 



119 



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CROP INSURANCE 



Reg./Règl. 241 



potential production determined under subparagraph (2) 
for the damaged acreage, 

whichever is the lesser by the established price per hundredweight. 

(5) Despite any application made in writing by the insured person 
under this paragraph, the Commission may, where loss or damage 
occurs in Stage 1, notify the insured person in writing that it intends 
to terminate the insurance coverage on such damaged acreage and, 
in such case, no further indemnity shall be payable in respect of the 
damaged acreage. 

Stage 2 

3.— (1) Stage 2 commences on the 16th day of June and for any 
part of the planted acreage ends with the completion of harvesting of 
such part. 

(2) Where loss or damage occurs in Stage 2, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to the use of the damaged acreage for any other pur- 
pose or to the abandonment or destruction of the insured crop on 
such damaged acreage and, in such case, the Commission shall deter- 
mine the number of damaged acres and the potential production 
thereof. 

(3) Where, 

(a) damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accor- 
dance with subparagraph (2); or 

(b) the harvesting of any planted acreage is not completed 
within the normal time for harvesting for the area in which 
the planted acreage is situate, 

the amount of loss that shall be taken into account in the final adjust- 
ment of loss in respect of the total planted acreage shall be calculated 
by multiplying the amount by which the guaranteed production for 
the damaged or unharvested acreage, as the case may be, exceeds 
the potential production determined therefor by the price per hun- 
dredweight. 

(4) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (3) shall not be taken into account in the final adjustment 
of loss. 

(5) Where the actual production of the acreage harvested is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per hundredweight. 

(6) Acreage harvested before the crop planted on it is mature is 
deemed to have yielded at least the guaranteed production unless the 
Commission has appraised the crop using an appraisal method that is 
reasonable in the circumstances. 

Final Adjustment of Loss for Total Planted Acreage 

4.— (1) The indemnity payable with respect to the total planted 
acreage in the final adjustment of loss shall be the sum of all Stage 1 
and Stage 2 loss calculations applicable to such acreage, but, subject 
to subparagraph (2), where the actual production of any harvested 
acreage or the potential production of any unharvested acreage 
exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable shall be reduced by the amount obtained by multi- 
plying such excess by the established price per hundredweight. 

(2) No more than one indemnity payment with respect to the 
same planted acreage shall be paid in any one of the Stages. 



(3) Where a loss resulted partly from a peril insured against and 
partly from a cause of loss not insured against, the Commission shall 
determine the amount of the loss not insured against, and the indem- 
nity payable by the Commission under the contract shall be reduced 
accordingly. 

Damage After Harvest 

5.— (1) No indemnity shall be paid in respect of any loss or damage 
suffered by the insured crop after harvest and, subject to subpara- 
graph (2), no indemnity shall be paid with respect to potatoes in stor- 
age. 

(2) Where, as a result of frost damage prior to harvest, the 
insured crop or any part thereof breaks down in storage, the Com- 
mission shall pay an indemnity therefor provided, 

(a) notice of frost damage was received by the Commission 
prior to harvest; and 

(b) the damaged potatoes are clearly identified in storage to the 
satisfaction of the Commission. 

Measurement of Yield 

6. The Commission may measure the yield of the insured crop 
either before or after harvest by such means as it deems proper. 

Incorrect Acreage in Final Acreage Report 

7. — ( 1 ) Where the actual seeded acreage of potatoes in a crop year 
is less than the seeded acreage declared on the final acreage report, 
the guaranteed production shall be decreased proportionately in cal- 
culating whether there has been a loss and the actual production shall 
be used in calculating the average production for purposes of deter- 
mining coverage for the following crop year, and there shall be no 
refund of premium. 

(2) Where the actual seeded acreage of potatoes in a crop year 
exceeds the seeded acreage declared on the final acreage report, the 
actual production shall be used in calculating whether there has been 
a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 

Notice of Loss or Damage 

8. Where loss or damage to the insured crop occurs and the dam- 
age was occasioned at a readily ascertainable time, the insured per- 
son shall notify the Commission forthwith by telephone and shall 
confirm in writing within twenty-four hours of such time. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 

this day of . 



,19.. 



Duly Authorized 
Representative 



General Manager 



O. Reg. 314/81, Form 2; O. Reg. 97/82, s. 4; O. Reg. 49/83, s. 2; 
O. Reg. 328/87, ss. 4-7; O. Reg. 516/88, s. 2. 



120 



Reg./Règl. 242 



ASSURANCE-RECOLTE 



Reg./Règl. 242 



REGULATION 242 

CROP INSURANCE PLAN FOR 
PUMPKINS AND SQUASH 

1. The plan in the Schedule is established for the insurance within 
Ontario of pumpkins and squash. O. Reg. 287/85, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 

PLAN 

\. This plan may be cited as "The Ontario Crop Insurance Plan for 
Pumpkins and Squash". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of a crop resulting from one or more of the 
perils designated in section 4. 

Dernitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"crop" means pumpkins or squash, or both, grown in Ontario, 

(a) for processing under a contract between a grower and a 
processor of vegetables under the Farm Products Marketing 
Act and the regulations made thereunder, and 

(b) on acreage or for tonnage specified in such contract; 
"ton" means 2,000 pounds. 

Designation of Perils 

4.— (1) Subject to subsection (2), the following are designated as 
perils for the purposes of this plan: 

1. Drought. 

2. Excessive heat. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 

10. Wind. 

(2) This contract does not insure against a loss in the production 
of the crop in a crop year resulting from insect infestation or plant 
disease unless the insured person establishes that a recommended 
control program was followed during the crop year. 



5. The crop year for the crop is the period from the 1st day of 
March in any year to the 25th day of October next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for the crop shall be deemed to be composed of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for the crop in Form 1; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7.— (1) An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of at least $100; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

(2) Premium deposits prescribed by clause (1) (b) shall not be 
refundable unless no acreage is planted to the crop. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual _ 2 F Actual _ /Average x 1 3 ^ "I 
Yield Yield 3 L Yield \ Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual , 2 



Yield 



Yield 



r/ Average ^ q .^\_ Actual "I 
L\ Yield ■ / Yield J 



10.— (1) Subject to subsections (2), (3) and (4), the coverage pro- 
vided under a contract of insurance shall be 70 per cent of the aver- 
age farm yield in tons of the total acreage seeded to the crop by the 
insured person in accordance with the regulations. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 73 per cent of the aver- 
age farm yield. 



121 



Reg./Règl. 242 



CROP INSURANCE 



Reg./Règl. 242 



2. Following the second no claim year, to 76 per cent of the 
average farm yield. 

3. Following the third no claim year, to 78 per cent of the 
average farm yield. 

4. Following the fourth no claim year, to a maximum of 80 per 
cent of the average farm yield. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except that where a claim 
occurs in a year where the coverage is 70 per cent, the coverage shall 
be reduced to a minimum of 65 per cent. 

(4) Where, in any year, a claim is paid in an amount that is equal 
to or less than the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) The number of tons determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

1 1 . For the purposes of this plan, the established price for the crop 
is $30 per ton. 

12. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 by the established price per ton prescribed in sec- 
tion 11. 

Premiums 

13.— (1) Subject to subsection (2), the total premium is $15 per 
acre. 

(2) The minimum premium payable by an insured person in each 
crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
seeds acreage to the crop. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit pre- 
scribed by subsection (3), to the Commission at the time the insured 
person files the final acreage report prescribed by section 15. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of May in 
the crop year, pay a premium deposit in accordance with clause 
7 (1) (b). 

Final Acreage Report 

15.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the seeding of acreage to the crop is 
complete. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

16.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the Commission is notified in writing that the 



insured person rejects the revision within ten days after the Commis- 
sion notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from the insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report fo» 
the crop year. 

17.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Date for Seeding 

18. For the purposes of this plan, the final date for seeding in a 
crop year is the 1st day of July or such other date as may be deter- 
mined by the Commission. 

Final Date for Harvesting 

19. For the purposes of this plan, the final date for harvesting in a 
crop year is the 25th day of October. O. Reg. 287/85, Sched.; 
O. Reg. 209/86, s. 1; O. Reg. 313/87, s. 1; O. Reg. 325/88, s. 1; 
O. Reg. 312/89, s. 1; O. Reg. 338/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

ENDORSEMENT 

Whereas the insured person has applied for crop insurance under 
The Ontario Crop Insurance Plan for Pumpkins and Squash, herein- 
after referred to as "the plan", and has paid the deposit premium 
prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover pumpkins and squash. 

Harvesting of Planted Acreage 

1. All acreage planted to the crop in a crop year shall be harvested 
unless the Commission, upon application therefor in writing, con- 
sents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 



122 



Reg./Règl. 242 



ASSU R ANCE-RECOLTE 



Reg./Règl. 243 



(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
planted to the crop in the crop year on the farm or farms operated by 
the insured person in Ontario and, subject to subparagraph (2), this 
contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that was planted after the final date prescribed for planting 
in the plan; or 

(c) that, in the opinion of the Commission, is not insurable. 

Evaluation of Loss 

3. For the purposes of determining the loss in production of the 
crop in a crop year and the indemnity payable therefor, the value of 
the crop shall progress through the stages prescribed in paragraphs 4 
and 5. 

Stage 1 

4.— (1) Stage 1 comprises the period from the date on which the 
planting of acreage to the crop is completed to and including the 1st 
day of July in the crop year. 

(2) Where loss or damage to three acres or more of the insured 
crop occurs in Stage 1, the Commission, upon application therefor in 
writing by the insured person, may consent in writing to, 

(a) the replanting of the damaged acreage, provided that the 
replanting is completed not later than the 1st day of July; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage. 

(3) Where damaged acreage is replanted to the crop in accor- 
dance with clause (2) (a), the Commission shall pay an indemnity 
equal to the cost of materials used in replanting to a maximum of $35 
for each acre replanted and the contract of insurance shall continue 
to apply to such acreage. 

(4) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(2) (b), the Commission shall pay an indemnity of $35 per acre and 
the contract of insurance shall terminate with respect to such acre- 
age. 

(5) Despite any application made in writing by the insured person 
under this paragraph, the Commission may, where loss or damage 
occurs in Stage 1, notify the insured person in writing that it intends 
to terminate the insurance coverage on such damaged acreage and, 
in such case, no further indemnity shall be payable in respect of the 
damaged acreage. 

Stage 2 

5.— (1) Stage 2 commences on the 2nd day of July in the crop year 
and, with respect to any part of the planted acreage, ends on comple- 
tion of harvesting. 

(2) Where loss or damage occurs in Stage 2, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to the use of the damaged acreage for any other pur- 
pose or to the abandonment or destruction of the insured crop on 
such damaged acreage and, in such case, the Commission shall deter- 
mine the number of damaged acres and the potential production 
thereof, and the amount of loss that shall be taken into account in 



the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the amount by which the guaran- 
teed production of the damaged acreage exceeds the potential pro- 
duction determined therefor by the established price per ton. 

Notice of Loss or Damage 

6. Where loss or damage to the insured crop occurs, the insured 
person shall notify the Commission forthwith by telephone and shall 
confirm in writing within twenty-four hours of such time. 

Final Adjustment of Loss for Total Pij\nted Acreage 

7.— (1) The indemnity payable with respect to the total planted 
acreage in the final adjustment of loss shall be the sum of all Stage 1 
and Stage 2 loss calculations applicable to such acreage but, subject 
to subparagraph (2), where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable shall be reduced by the amount obtained by multi- 
plying such excess by the established price per ton. 

(2) Despite subparagraph (1), no indemnities paid in Stage 1 shall 
be subject to reduction under this paragraph. 

(3) In no case shall indemnity be paid for acreage in excess of the 
total insured acreage. 

Incorrect Acreage in Final Acreage Report 

8.— (1) Where the actual planted acreage of the crop in a crop year 
is less than the planted acreage declared on the final acreage report, 
the total guaranteed production and the amount of insurance shall be 
reduced proportionately and there shall be no refund of premium. 

(2) Where the actual planted acreage of the crop in a crop year 
exceeds the planted acreage declared on the final acreage report, 
production from the total planted acreage shall be counted and there 
shall be no increase in the total guaranteed production or the maxi- 
mum amount of indemnity payable. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 
this day of , 



.,19., 



Duly Authorized 
Representative 



General Manager 



O. Reg. 287/85, Form 1. 



REGULATION 243 
CROP INSURANCE PLAN FOR RED BEETS 

1. The plan in the Schedule is established for the insurance within 
Ontario of red beets. O. Reg. 434/88, s. 1. 



123 



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Reg./Règl. 243 



Schedule 

Cmp Insurance Act (Ontario) 
PLAN 

1 . This plan may be cited as "The Ontario Crop Insurance Plan for 
Red Beets". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of red beets resulting from one or more of the 
perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"processor" means a person engaged in the business of processing 
red beets; 

"red beets" means red beets produced in Ontario for processing. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for red beets is the period from the 1st day of 
March in any year to the 15th day of October in the same year. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
red beets is comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; and 

(c) the final acreage report for each crop year. 



7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of $100; and 

(c) be filed with the Commission not later than the date on 
which planting commences or the 15th day of April in the 
crop year in respect of which it is made, whichever is ear- 
lier. 

8. A contract of insurance is in force for the crop year in respect of 
which it is made unless it is terminated in accordance with the regula- 
tions. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual _ 2 rActual_ /Average , -i \"| 
Yield Yield 3 L Yield V Yield " )\ 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual , 2r/Average ^ q y\_ Actual ~| 
Yield Yield 3L\ Yield ' / Yield J 



10. The coverage provided under a contract of insurance in each 
crop year is the lesser of, 

(a) the level of coverage determined under section 10; or 

(b) the contract tonnage set out in the agreement between the 
processor and the grower of red beets. 

11.— (1) The initial coverage provided under a contract of insur- 
ance shall be 75 per cent of the average farm yield in tons of the total 
acreage planted to red beets by the insured person. 

(2) The coverage provided under a contract of insurance follow- 
ing a year in which there was no claim shall be, 

(a) if the previous year's coverage was 70 per cent, 73 per cent; 

(b) if the previous year's coverage was 73 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 78 per cent; 

(d) if the previous year's coverage was 78 per cent, 80 per cent; 
and 

(e) if the previous year's coverage was 80 per cent, 80 per cent, 

of the average farm yield in tons of the total acreage planted to red 
beets by the insured person. 

(3) The coverage provided under a contract of insurance follow- 
ing a year in which there was a claim shall be, 

(a) if the previous year's coverage was 80 per cent, 78 per cent; 

(b) if the previous year's coverage was 78 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 73 per cent; 



124 



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Reg./Règl. 243 



(d) if the previous year's coverage was 73 per cent, 70 per cent; 
and 

(e) if the previous year's coverage was 70 per cent, 70 per cent, 

of the average farm yield in tons of the total acreage planted to red 
beets by the insured person. 

(4) Despite subsections (2) and (3), if in any year a claim is paid 
in an amount that is less than one-half of the total premium for that 
year, the coverage for the following year shall remain unchanged. 

12. The Commission shall determine the established price for red 
beets in each crop year on the basis of the price negotiated or arbi- 
trated in the marketing agreement between the growers and proces- 
sors in the same crop year. 

13. For the purposes of sections 10 and 11, the maximum amount 
for which the Commission is liable under a contract of insurance for a 
loss in production is the amount obtained by multiplying the cover- 
age determined under those sections by the established price per ton 
determined under section 12. 

Premiums 

14.— (1) The total premium payable in respect of acreage planted 
under contract to a processor is $20.40 per acre. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

IS. The insured person shall pay the premium, less the premium 
deposit, if any, to the Commission, 

(a) at the time the final acreage report is filed; or 

(b) at the time set out in subsection 18 (3). 

Final Acreage Report 

16.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report setting out the total acreage 
planted to red beets in a form provided by the Commission within 
ten days of the completion of planting of acreage to red beets. 

(2) A final acreage report filed with the Commission shall not be 
amended without the written consent of the Commission. 

17.— (1) When the final acreage report is inaccurate, the Commis- 
sion may correct it and adjust the premium accordingly and shall 
notify the insured person in writing forthwith of the correction and 
the reason for it. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the Commission is notified in writing that the 
insured person rejects the revision within ten days after the Commis- 
sion notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Upon notice that a correction is not acceptable, the contract 
of insurance ceases to apply for the crop year in respect of which the 
final acreage report was filed and the Commission shall refund any 
premium or premium deposit paid in respect of that crop year. 

(5) If no notice is given under subsection (2), a final acreage 



report corrected under this section constitutes the final acreage 
report for the crop year. 

18.— (1) If an insured person in any crop year fails to file a final 
acreage report as required by this Regulation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. O. Reg. 434/88, Sched.; O. Reg. 298/89, 
s. 1;0. Reg. 470/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario, hereinafter 
referred to as the "COMMISSION", 



OF THE first PART 



— and- 



of the of 

in the County (or as the case may be) of 

hereinafter referred to as the "INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on red 
beets under the Ontario Crop Insurance Plan for Red Beets, herein- 
after referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of red beets resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Causes of Lxjss Not Insured Against 

1. This contract does not apply to, and no indemnity shall be paid 
in respect of, a loss in the production of the insured crop resulting 
from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or of an agent or employee of the insured 
person; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease unless recommended 
spray programs were followed; or 



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CROP INSURANCE 



Reg./Règl. 243 



(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2. The insured person shall offer for insurance all acreage planted 
in the crop year to red beets on the farm or farms operated by the 
insured person in Ontario, whether grown under contract with a pro- 
cessor or not and this contract of insurance applies to all such acre- 
age. 

Incorrect Acreage in Final Acreage Report 

3.— (1) If the actual planted acreage of red beets in a crop year is 
less than the planted acreage declared in the final acreage report, 

(a) the coverage shall be decreased proportionately in calculat- 
ing whether there has been a loss; and 

(b) the actual production shall be used in calculating the aver- 
age farm yield in order to determine coverage for the fol- 
lowing crop year. 

(2) If the actual planted acreage of red beets in a crop year is less 
than the planted acreage declared in the final acreage report, the 
Commission shall not refund any part of the premium. 

(3) If the actual planted acreage of red beets in a crop year 
exceeds the planted acreage declared in the final acreage report, the 
actual production shall be used in calculating whether there has been 
a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced in proportion to the acreage 
declared in the final acreage report, 

in calculating the average farm yield in order to determine coverage 
for the following crop year. 

Harvesting of Planted Acreage 

4.— (1) All acreage planted to the insured crop in the crop year 
shall be harvested as red beets for processing unless the Commission, 
upon written application, consents in writing to, 

(a) the use of the planted acreage or any part of it for another 
purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part of it. 

(2) If the harvesting of any planted acreage is not completed and 
the failure to harvest was not caused by a designated peril, the con- 
tract of insurance ceases to apply to the unharvested acreage and no 
indemnity shall be payable for it. 

Misrepresentation, Violation of Conditions or Fraud 

5. A claim by the insured person under this contract is invalid and 
the right of the insured person to recover indemnity is forfeited if 
that person, 

(a) in the application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated in the application; 

(b) contravenes a term or condition of this contract; 

(c) commits a fraud in respect of the insured crop; or 



(d) knowingly makes a false statement in respect of a claim 
under this contract. 

Waiver or Alteration 

6. No term or condition of this contract is deemed to be waived or 
altered in whole or in part by the Commission unless the waiver or 
alteration is clearly expressed in writing and signed by the Commis- 
sion or a representative authorized for that purpose by the Commis- 
sion. 

Assignment of Right to Indemnity 

7. — (1) The insured person may assign all or part of the right to 
indemnity under this contract in respect of the insured crop. 

(2) An assignment is not binding on the Commission and the 
Commission shall not pay an indemnity to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission gives written consent to the assignment. 

Interest of Other Persons 

8. Despite the interest of any person other than the insured in the 
insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the coverage; and 

(b) except as provided in paragraph 7, no indemnity shall be 
paid to any person other than the insured person. 

Evaluation of Loss 

9.— (1) Where loss or damage to three acres or more of the insured 
crop occurs at any time following the planting of the insured crop or 
any part thereof, the Commission, upon written application by the 
insured person, may consent in writing to, 

(a) the replanting of the damaged acreage, provided that the 
replanting is completed not later than the 1st day of July in 
the same crop year; 

(b) the use of the damaged acreage for an alternate crop; or 

(c) the abandonment or destruction of the insured crop on such 
damaged acreage. 

(2) If the damaged acreage is replanted to red beets in accor- 
dance with clause (1) (a), the Commission shall pay to the insured 
person a supplementary benefit of $100 for each acre replanted and 
the contract of insurance shall continue to apply to the replanted 
acreage. 

(3) If the damaged acreage is used for an alternate crop in accor- 
dance with clause (1) (b), 

(a) the Commission shall pay to the insured person a supple- 
mentary benefit of $100 for each acre replanted; 

(b) the replanted acreage shall be released from the contract of 
insurance; and 

(c) the coverage and indemnity payable shall be reduced 
accordingly. 

10.— (1) When harvesting has been completed, the amount of loss 
that is taken into account in the final adjustment of loss in respect of 
the total planted acreage shall be calculated by multiplying the estab- 
lished price per ton by the difference between the coverage and the 
actual production. 



126 



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ASSURANCE-RECOLTE 



Reg./Règl. 243 



(2) For the purpose of subparagraph (1), actual production 
includes, 

(a) production delivered to and accepted by a processor; 

(b) production delivered to and rejected by a processor unless 
the rejection resulted from a designated peril; 

(c) production harvested but not delivered to a processor; and 

(d) potential production of wholly or partially unharvested 
acreage unless the failure to harvest resulted from a desig- 
nated peril. 

Notice of Loss or Damage 

11.— (1) When loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of the intention and 
shall take no further action without the written consent of the Com- 
mission. 

(2) When loss or damage to the insured crop occurs and the dam- 
age was occasioned at a readily ascertainable time, the insured per- 
son shall notify the Commission in writing within twenty-four hours 
of that time. 

(3) When loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may be reduced 
by the loss or damage, the insured person shall notify the Commis- 
sion in writing as soon as the loss or damage is apparent. 

(4) Despite any notice given by the insured person under this 
paragraph, when, on completion of harvesting of the insured crop, 
the actual production is less than the coverage, the insured person 
shall notify the Commission in writing forthwith. 

Abandonment, Destruction or Alternate Use 

12.— (1) Acreage planted to the insured crop shall not be put to 
another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage using an appraisal method that is reasonable in 
the circumstances. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage. 

Adjustment of Loss 

13.— (1) When the insured person experiences a loss or damage to 
the insured crop, the Commission may cause the production of the 
insured crop to be appraised by any method that is reasonable in the 
circumstances. 

(2) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) what actual production was obtained from the insured crop 
for the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the designated perils. 

(3) Where a loss in production resulted partly from a designated 
peril and partly from a cause of loss not insured against, the Commis- 
sion shall determine the amount of the loss that resulted from the 
cause of loss not insured against and shall reduce the indemnity pay- 
able under this contract accordingly. 

(4) Subject to subparagraph (5), the indemnity payable with 



respect to the total planted acreage in the final adjustment of loss 
shall be the sum of all loss calculations applicable to such acreage. 

(5) When the actual production of any harvested acreage exceeds 
the coverage applicable to that acreage, the indemnity otherwise 
payable for a loss in production shall be reduced by the amount 
obtained by multiplying the excess by the established price per ton. 

Proof of Loss 

14.— (1) An insured person, except as set out in subparagraph (2), 
shall claim an indemnity in respect of the insured crop on a Proof of 
Loss Form provided by the Commission and shall file the form with 
the Commission not later than sixty days after the earlier of, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year. 

(2) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by an authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made under paragraph 7. 

(3) When it is reasonable in the circumstances, the information 
given in a proof of loss form shall be verified by statutory declara- 
tion. 

Arbitration 

15. When the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with 
Regulation 215 of Revised Regulations of Ontario, 1990. 



16.- 
until. 



Time for Payment of Indemnity 



(1) No indemnity under this contract is due and payable 



(a) the end of the crop year; and 

(b) the payment in full of the premium. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a Proof of Loss Form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the Proof of Loss 
Form or award, as the case may be. 

Subrogation 

17. When the Commission has paid a claim for indemnity under 
this contract, the Commission is subrogated to the extent of the pay- 
ment to all rights of recovery of the insured person against any per- 
son and may bring action in the name of the insured person to 
enforce those rights. 

Right of Entry 

18. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time for any purpose related to the contract of insur- 
ance. 

Notice 

19.— (1) Any written notice to the Commission shall be given by 
delivering it or mailing it to the Commission. 

(2) Written notice to the insured person shall be given by deliver- 



127 



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CROP INSURANCE 



Reg./Règl. 244 



ing it or mailing it to the insured person at the insured person's last 
post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



,19., 



Duly Authorized 
Representative 



General Manager 



O. Reg. 434/88, Form 1. 



REGULATION 244 

CROP INSURANCE PLAN FOR 
RED SPRING WHEAT 

1. The plan in the Schedule is established for the insurance within 
Ontario of red spring wheat. O. Reg. 607/88, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Red Spring Wheat". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of red spring wheat resulting from one or more 
of the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"red spring wheat" means Canada Eastern red spring wheat pro- 
duced in Ontario for milling and eligible for a grade under the 
Canada Grains Act (Canada). 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 



6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for red spring wheat is the period from the 1st day 
of March in any year to the last day of February of the next year. 

Contract of Insurance 

6.— (1) For the purposes of this plan, the entire contract of insur- 
ance for red spring wheat is comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) the endorsement for red spring wheat in Form 1; and 

(d) the final acreage report for each crop year. 

(2) In the event of a conflict between the document referred to in 
clause (1) (a) and the document referred to in clause (1) (c), the doc- 
ument referred to in clause (1) (c) prevails. 

7.— (1) An application for insurance or for renewal of insurance 
shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a minimum premium deposit of $1 per 
acre; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

(2) Premium deposits prescribed by clause (1) (b) are not refund- 
able unless no acreage is planted to red spring wheat. 

Duration of Contract 

8.— (1) A contract of insurance is in force for the crop year in 
respect of which it is made and continues in force for each crop year 
thereafter until cancelled by the insured person or the Commission in 
the manner set out in subsection (2) or otherwise terminated in 
accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by written notice to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to take effect. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual _ 2 
Yield Yield 3 



[Actual _ /Average x 1 3 ^1 
Yield \ Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 



128 



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ASSURANCE-RECOLTE 



Reg./Règl. 244 



ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual 
Yield Yield 



+ ? r/ Average ^ q .^\_ Actual "j 
3L\ Yield ■ / Yield J 



10. For the purpose of calculating coverage under section 11, the 
number of pounds determined as the average farm yield shall be con- 
verted to bushels on the basis that a bushel of red spring wheat 
weighs 60 pounds. 

11.— (1) The initial coverage provided under a contract of insur- 
ance shall be 75 per cent of the average farm yield in bushels of the 
total acreage planted to red spring wheat by the insured person. 

(2) The coverage provided under a contract of insurance follow- 
ing a year in which there was no claim shall be, 

(a) if the previous year's coverage was 70 per cent, 73 per cent; 

(b) if the previous year's coverage was 73 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 78 per cent; 

(d) if the previous year's coverage was 78 per cent, 80 per cent; 
and 

(e) if the previous year's coverage was 80 per cent, 80 per cent, 

of the average farm yield in bushels of the total acreage planted to 
red spring wheat by the insured person. 

(3) The coverage provided under a contract of insurance follow- 
ing a year in which there was a claim shall be, 

(a) if the previous year's coverage was 80 per cent, 78 per cent; 

(b) if the previous year's coverage was 78 per cent, 75 per cent; 

(c) if the previous year's coverage was 75 per cent, 73 per cent; 

(d) if the previous year's coverage was 73 per cent, 70 per cent; 
and 

(e) if the previous year's coverage was 70 per cent, 70 per cent, 

of the average farm yield in bushels of the total acreage planted to 
red spring wheat by the insured person. 

(4) Despite subsections (2) and (3), if in any year a claim is paid 
in an amount that is less than one-half of the total premium for that 
year, the coverage for the following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

12.— (1) For the purposes of this plan, the established price for red 
spring wheat is, 

(a) $2.80 per bushel; or 

(b) $4.20 per bushel. 

(2) If the insured person fails to select an established price when 
the person is renewing the contract of insurance, the Commission 
may select one of the prices set out in subsection (1) as the estab- 
lished price applicable to the contract in that crop year. 

13. For the purposes of section 1 1 , the maximum amount for which 



the Commission is liable under a contract of insurance for a loss in 
production is the amount obtained by multiplying the coverage 
determined under that section by the established price per bushel 
selected under section 12. 

Premiums 

14.— (1) The total premium for red spring wheat is, 

(a) $9.60 per acre where the established price is $2.80 per 
bushel; or 

(b) $14.20 per acre where the established price is $4.20 per 
bushel. 

(2) The total premium for red spring wheat is 80 per cent of the 
total premium prescribed in subsection (1) where, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person for red spring wheat exceed the indemnity 
paid. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

15. Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, to 
the Commission, 

(a) at the time the final acreage report is filed; or 

(b) at the time set out in subsection 18 (3). 

Final Acreage Report 

16.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report setting out the total acreage 
planted to red spring wheat in a form provided by the Commission 
within ten days of the completion of planting of acreage to red spring 
wheat. 

(2) A final acreage report filed with the Commission shall not be 
amended without the written consent of the Commission. 

17.— (1) When the final acreage report is inaccurate, the Commis- 
sion may correct it and adjust the premium accordingly and shall 
notify the insured person in writing forthwith of the correction and 
the reason for it. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the Commission is notified in writing that the 
insured person rejects the revision within ten days after the Commis- 
sion notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Upon notice that a correction is not acceptable, the contract 
of insurance ceases to apply for the crop year in respect of which the 
final acreage report was filed and the Commission shall refund any 
premium or premium deposit paid in respect of that crop year. 

(5) If no notice is given under subsection (2), a final acreage 
report corrected under this section constitutes the final acreage 
report for the crop year. 

18.— (1) If an insured person in any crop year fails to file a final 
acreage report as required by this Regulation, the Commission may, 



129 



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CROP INSURANCE 



Reg./Règl. 244 



(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Date for Pijvnting 

19. For the purposes of this plan, the final date for planting red 
spring wheat in a crop year is the 1st day of July or such other date as 
is reasonably warranted in the circumstances. 

20. All acreage planted to red spring wheat in which the insured 
person has a substantial interest shall be insured under one contract. 
O. Reg. 607/88, Sched.; O. Reg. 308/89, s. 1; O. Reg. 467/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

RED SPRING WHEAT ENDORSEMENT 

Whereas the insured person has applied for crop insurance under 
the Ontario Crop Insurance Plan for Red Spring Wheat, hereinafter 
referred to as "the plan", and has paid the premium deposit pre- 
scribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover red spring wheat. 

Harvesting of Planted Acreage 

1.— (1) All acreage planted to red spring wheat in a crop year shall 
be harvested unless the Commission, upon written application, con- 
sents in writing to, 

(a) the use of the planted acreage or any part of it for another 
purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part of it. 

(2) If the harvesting of any planted acreage is not completed and 
the failure to harvest was not caused by a designated peril, the con- 
tract of insurance ceases to apply to the unharvested acreage and no 
indemnity shall be payable for it. 

Evaluation of Loss 

2.— (1) An indemnity shall be paid for the acreage set out in sub- 
paragraph (2) in the amount set out in subparagraph (3), where, 

(a) all of the acres planted to the crops listed in the Table to 
this regulation are offered for insurance; 

(b) the insured person elects the indemnity on the application 
for insurance; 

(c) the insured person pays a premium deposit of $1 for each 
acre intended to be planted to the crops listed in the Table; 

(d) one or more of the designated perils prevents the planting. 



(i) of three acres or more, in the case of systematically 
tile drained land, or 

(ii) of six acres or more, in the case of land that is not 
systematically tile drained; and 

(e) the insured person notifies the Commission of an inability 
to plant the acres to the crops listed in the Table by the 15th 
day of June in the crop year. 

(2) The indemnity shall be paid, 

(a) for each unplanted acre in the case of systematically tile 
drained land; or 

(b) for each unplanted acre in excess of three unplanted acres, 
in the case of land that is not systematically tile drained. 

(3) The amount of the indemnity shall be one-third of the guaran- 
teed production per acre of the crop having the highest priority 
according to the Table of the crops intended to be planted and 
insured by the insured person multiplied by the established price for 
that crop. 

(4) No indemnity shall be payable under this paragraph for land 
for which the same indemnity was paid by the Commission in the 
immediately preceding year. 

(5) When the insured person plants a crop in respect of which 
crop production insurance was applied for, the premium deposit pay- 
able under sub-subparagraph (1) (c) for the acreage so planted shall 
be applied against the regular premium. 

(6) When the insured person plants a crop which is not listed in 
the Table, the premium deposit in respect of that acreage shall be 
refunded. 

(7) If the insured person is unable to plant acreage designated on 
the application as intended to be planted to a crop listed in the 
Table, the premium deposit in respect of that acreage shall be 
retained by the Commission as payment for the coverage provided. 

(8) This paragraph does not apply to and no indemnity is payable 
in respect of land, 

(a) that is orchard land, pasture, woodland, planted to a peren- 
nial crop, fall sown or intended for summer fallow; 

(b) that is untilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(9) If the planting is prevented by excessive rainfall, no indemnity 
is payable unless the insured person establishes that, during the 
planting season in the area where the insured acreage is situated, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected. 

3.— (1) Where loss or damage to three acres or more of the insured 
crop resulting from a designated peril occurs before the 1st day of 
July in the crop year, the Commission, upon written application by 
the insured person, may consent in writing to the replanting of the 
damaged acreage. 

(2) Where the damaged acreage is replanted to the insured crop, 
the Commission shall pay an indemnity of $30 for each acre 
replanted and the contract of insurance continues to apply to such 
acreage. 

(3) The total number of acres in respect of which a replanting 



130 



Reg./Règl. 244 



ASSURANCE-RECOLTE 



Reg./Règl. 245 



benefit is paid in a crop year sliall not in any case exceed the total 
number of insured acres. 

4.— (1) If loss or damage occurs prior to liarvest, the Commission, 
upon written application by the insured person, may consent in writ- 
ing to the use of the damaged acreage for any other purpose or to the 
abandonment or destruction of the insured crop on such damaged 
acreage and in such case shall determine the number of damaged 
acres and the potential production of those acres. 

(2) If damaged acreage is used for any other purpose or the 
insured crop on it is abandoned or destroyed in accordance with sub- 
paragraph (1), the amount of loss that is taken into account in the 
final adjustment of loss in respect of the total planted acreage shall 
be calculated by multiplying the established price per bushel by the 
difference between the coverage for the damaged acreage and the 
potential production for the damaged acreage determined under sub- 
paragraph (1). 

(3) If damaged acreage is not used for any other purpose or the 
crop thereon is not abandoned or destroyed after the Commission 
has consented thereto, the amount of loss calculated under subpara- 
graph (2) shall not be taken into account in the final adjustment of 
loss. 

(4) If the actual production of the harvested acreage is less than 
the coverage for that acreage, the amount of loss that shall be taken 
into account in the final adjustment of loss in respect of the total 
planted acreage shall be calculated by multiplying the established 
price per bushel by the difference between the coverage and the 
actual production. 

(5) Where the crop contains damaged or foreign material, the 
actual production thereof shall be reduced by an amount reasonable 
in the circumstances. 

5. Where the insured crop is reduced below Grade 2 due to an 
insured peril, the actual production is deemed to be, 

(a) for Grade 3, 95 per cent of the yield harvested; and 

(b) for Feed, 90 per cent of the yield harvested. 

Final Adjustment of Loss for Total Planted Acreage 

6.— (1) The indemnity payable with respect to the total planted 
acreage in the final adjustment of loss is that payable under para- 
graphs 2, 3 and 4. 

(2) The indemnity payable under paragraph 4 shall be reduced by 
the resuh obtained by multiplying the established price per bushel by 
the amount by which, 

(a) the actual production of any harvested acreage exceeds the 
coverage of that acreage; or 

(b) the potential production of any unharvested acreage 
exceeds the coverage of that acreage. 

Incorrect Acreage in Final Acreage Report 

7.— (1) If the actual planted acreage of red spring wheat in a crop 
year is less than the planted acreage declared on the final acreage 
report, 

(a) the coverage shall be decreased proportionately in calculat- 
ing whether there has been a loss; and 

(b) the actual production shall be used in calculating the aver- 
age farm yield in order to determine coverage for the fol- 
lowing crop year. 

(2) If the actual planted acreage of red spring wheat in a crop 
year is less than the planted acreage declared in the final acreage 
report, the Commission shall not refund any part of the premium. 



(3) If the actual planted acreage of red spring wheat in a crop 
year exceeds the planted acreage declared on the final acreage 
report, the actual production shall be used in calculating whether 
there has been a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced in proportion to the acreage 
declared in the final acreage report, 

in calculating the average farm yield in order to determine coverage 
for the following crop year. 

In Witness Whereof, The Crop Insurance Commission of 
Ontario has caused this endorsement to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at , this . 

day of ,19... 



Duly Authorized 
Representative 



General Manager 



O. Reg. 607/88, Form 1; O. Reg. 308/89, s. 2. 
TABLE 



Crop in Order of Priority 


1. 


Corn. 


2. 


Soybeans. 


3. 


White beans. 


4. 


Coloured beans. 


5. 


Spring grain. 


6. 


Canola. 


7. 


Sunflowers. 


8. 


Red spring wheat. 



O. Reg. 607/88, Table. 



REGULATION 245 
CROP INSURANCE PLAN FOR RUTABAGAS 

1. The plan in the Schedule is established for the insurance within 
Ontario of rutabagas. O. Reg. 315/81, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Rutabagas". 

2. The purpose of this plan is to provide for insurance against a 
loss in production of rutabagas resulting from one or more of the per- 
ils designated in section 4. 



Definitions 



3. In this plan. 



131 



Reg./Règl. 245 



CROP INSURANCE 



Reg./Règl. 245 



"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"rutabagas" means field run rutabagas produced in Ontario; 

"ton" means 2000 pounds. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Crop Year 

5. The crop year for rutabagas is the period from the 1st day of 
March in any year to the 15th day of November next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for rutabagas shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for rutabagas in Form 1; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of at least $100; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

Duration of Contract- 

8.— (1) A contract of insurance shall be in force for the crop year 



in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party made 
not later than the 1st day of May in the crop year during which the 
cancellation is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula, 

Adjusted_Actual_2rActual_ /Average ^ j 3 "\"| 
Yield Yield 3 L Yield V Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual ^ iJT/ Average ^ q y'\_ Actual "j 
Yield Yield 3 LV Yield ' / Yield J 



10.— (1) Subject to subsection (4), the initial coverage provided 
under a contract of insurance shall be 70 per cent of the average farm 
yield in tons of the total acreage seeded to rutabagas by the insured 
person. 

(2) Subject to subsection (4), the coverage provided under a con- 
tract of insurance following a year in which there was no claim shall 
be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 76 per 
cent; 

(c) where the previous year's coverage was 76 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in tons of the total acreage seeded to ruta- 
bagas by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 76 per 
cent; 

(c) where the previous year's coverage was 76 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 



132 



Reg./Règl. 245 



ASSURANCE-RECOLTE 



Reg./Règl. 245 



(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in tons of the total acreage seeded to ruta- 
bagas by the insured person. 

(4) Where, in any year, a claim is paid in an amount less than 
one-half the total premium for that year, the coverage for the follow- 
ing year shall remain unchanged. 

(5) The number of tons determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

11. The established price for rutabagas is, 

(a) $40 per ton where the premium paid is $80 per acre; or 

(b) $55 per ton where the premium paid is $110 per acre. 

12. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 10 by the established price per ton prescribed in sec- 
tion 11. 

Premiums 

13.— (1) The total premium is, 

(a) $80 per acre; or 

(b) $110 per acre. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

14.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to rutabagas. 

(2) Where a premium Is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time the final acreage report pre- 
scribed by section 15 is filed. 

Final Acreage Report 

15.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage to rutabagas is 
completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

16.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the Commission is notified in writing that the 
insured person rejects the revision within ten days after the Commis- 
sion notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 



(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

17.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of the final acreage 
report, if there is one, on the insured person either by personal deliv- 
ery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Seeding Date 

18. For the purposes of this plan, the final date for seeding rutaba- 
gas in a crop year is the 1st day of July or such other date as may be 
determined from time to time by the Commission. 

Minimum Acreage 

19. For the purposes of this plan, the minimum insurable acreage 
is three acres. O. Reg. 315/81, Sched.; O. Reg. 98/82, ss. 1, 2; 
O. Reg. 223/82, s. 1; O. Reg. 268/83, ss. 1-3; O. Reg. 510/84, 
ss. 1-3; O. Reg. 296/85, ss. 1-5; O. Reg. 327/87, ss. 1-3; O. Reg. 
305/89, s. 1; O. Reg. 452/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

RUTABAGA ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
rutabagas under The Ontario Crop Insurance Plan for Rutabagas, 
hereinafter referred to as "the plan", and has paid the deposit pre- 
mium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover rutabagas. 

Harvesting of Planted Acreage 

1. All acreage planted to rutabagas in a crop year shall be har- 
vested unless the Commission, upon application therefor in writing, 
consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

Evaluation of Lx)ss 

2. — (1) Where loss or damage to three acres or more of the insured 



133 



Reg./Règl. 245 



CROP INSURANCE 



Reg./Règl. 246 



crop occurs before the 1st day of July in a crop year, the Commis- 
sion, upon application therefor in writing by the insured person, may 
consent in writing to, 

(a) replanting of the damaged acreage; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof. 

(2) Where the damaged acreage is replanted to the insured crop 
in accordance with clause (1) (a), a benefit of $50 for each acre so 
replanted shall be paid and the contract of insurance shall continue 
to apply to such replanted acreage. 

(3) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(1) (b), a benefit of $50 for each acre so abandoned or destroyed 
shall be paid and the contract of insurance shall cease to apply to 
such acreage. 

(4) Where the damaged acreage is not used for any other purpose 
or the crop is not abandoned or destroyed after the Commission has 
consented thereto, the amount of loss calculated under subparagraph 
(3) shall not be taken into account in the final adjustment of loss. 

(5) Where harvesting has been completed, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per ton. 

Final Adjustment of Loss for Total Planted Acreage 

3.— (1) The indemnity payable with respect to the total planted 
acreage in the final adjustment of loss shall be the sum of all loss cal- 
culations applicable to such acreage, but where the actual production 
of any harvested acreage or the potential production of any unhar- 
vested acreage exceeds the guaranteed production of such acreage, 
the indemnity otherwise payable shall be reduced by the amount 
obtained by multiplying such excess by the established price per ton. 

(2) Where a loss resulted partly from a peril insured against and 
partly from a cause of loss not insured against, the Commission shall 
determine the amount of the loss not insured against, and the indem- 
nity payable by the Commission under the contract shall be reduœd 
accordingly. 

Damage After Harvest 

4.— (1) No indemnity shall be paid in respect of any loss or damage 
suffered by the insured crop after harvest and, subject to subpara- 
graph (2), no indemnity shall be paid with respect to rutabagas in 
storage. 

(2) Where, as a result of damage from an insured peril prior to 
harvest, the insured crop or any part thereof breaks down in storage, 
the Commission shall pay an indemnity thereof provided, 

(a) notice of damage was received and inspection was made by 
the Commission prior to harvest; and 

(b) the damaged rutabagas are clearly identified in storage to 
the satisfaction of the Commission. 

Incorrect Acreage in Final Acreage Report 

5.— (1) Where the actual seeded acreage of rutabagas in a crop 
year is less than the seeded acreage declared on the final acreage 
report, the guaranteed production shall be decreased proportion- 
ately in calculating whether there has been a loss and the actual pro- 
duction shall be used in calculating the average production for pur- 



poses of determining coverage for the following crop year, and there 
shall be no refund of premium. 

(2) Where the actual seeded acreage of rutabagas in a crop year 
exceeds the seeded acreage declared on the final acreage report, the 
actual production shall be used in calculating whether there has been 
a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 

this day of . 



.,19. 



Duly Authorized 
Representative 



General Manager 



O. Reg. 315/81, Form 2; O. Reg. 98/82, s. 3; O. Reg. 268/83, s. 4; 
O. Reg. 296/85, s. 7; O. Reg. 327/87, s. 4; O. Reg. 323/88, s. 1. 



REGULATION 246 
CROP INSURANCE PLAN FOR SEED CORN 

1. The plan in the Schedule is established for the insurance within 
Ontario of seed corn. R.R.O. 1980, Reg. 220, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 

PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Seed Com". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of seed corn resulting from one or more of the 
perils designated in section 4. 



Definitions 



3. In this plan. 



"bushel" means 56 pounds of shelled seed corn, the kernel moisture 
content of which does not exceed 15.5 per cent; 

"seed corn" means corn grown under contract with a dealer which is 
intended for sale on a commercial basis for seed purposes; 

"variety average yield" means the average of previous yields of the 
variety grown on the basis of production records or on such other 
basis as the Commission approves. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 



134 



Reg./Règl. 246 



ASSURANCE-RECOLTE 



Reg./Règl. 246 



2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for seed corn is the period from the 1st day of 
March in any year to the 1st day of December next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for seed corn shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for seed corn in Form 1 ; 

(c) the application for insurance; and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; and 

(b) be filed with the Commission not later than the 1st day of 
May in the crop year or not later than such other date as 
may be determined from time to time by the Commission. 

Duration of Contract 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made. 

Coverage 

9. The coverage per acre provided in the crop year under a con- 
tract of insurance shall be 80 per cent of the variety average yield in 
bushels. 

Liability 

10. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the guaranteed production per acre deter- 
mined under section 9 by the number of acres planted to the female 
corn plant by the established price per bushel determined by the 
Commission for the variety grown. 

Premiums 

11.— (1) The premium payable in respect of each acre under con- 
tract to a dealer shall be determined by the Commission for each 
crop year on the basis of, 

(a) the variety of seed corn grown; 

(b) the cumulative loss ratio of the dealer with whom the 



insured crop is grown under contract as set out in the Table; 
and 

(c) a basic premium of $13.40 per acre. 

(2) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

(3) Despite any direction by an insured person in the application 
for insurance, the payment of the premium due in respect of the con- 
tract of insurance remains the liability of the insured person and the 
premium shall be paid in any event not later than ten days after writ- 
ten demand for payment thereof by the Commission. 

Established Price 

12. The established price for each variety of seed corn grown by 
the insured person shall be determined from time to time by the 
Commission. R.R.O. 1980, Reg. 220, Sched.; O. Reg. 509/86, s. 1; 
O. Reg. 316/87, s. 1; O. Reg. 321/88, s. 1; O. Reg. 473/89, s. 1; 
O. Reg. 455/90, s. 1. 

TABLE 



Cumulative Loss 
Ratio of Dealer 


Premium 
Discount 


Premium 
Surcharge 


35 per cent or less 


20 per cent 




35.1 -50 per cent 


15 per cent 




50.1 -65 per cent 


10 per cent 




65.1 -80 per cent 


5 per cent 




80.1 -124.9 per cent 


nil 


nil 


125 -134.9 per cent 




5 per cent 


135- 144.9 per cent 




10 per cent 


145 - 154.9 per cent 




15 percent 


155 per cent or more 




20 per cent 



R.R.O. 1980, Reg. 220, Table. 

Form 1 

Crop Insurance Act (Ontario) 

SEED CORN ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
seed corn under The Ontario Crop Insurance Plan for Seed Corn, 
hereinafter referred to as "the plan", and has paid the premium pre- 
scribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover seed corn. 

Harvesting of Seeded Acreage 

1.— (1) All acreage seeded to seed corn shall be harvested as seed 
corn unless the Commission, upon application therefor in writing, 
consents in writing to, 

(a) the use of the seeded acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) Where, 



135 



Reg./Règl. 246 



CROP INSURANCE 



Reg./Règl. 247 



(a) under subparagraph (1), any seeded acreage is used for a 
purpose other than harvesting as seed corn; or 

(b) the harvesting of any seeded acreage was prevented by rea- 
son of a cause of loss not insured against, 

the Commission shall determine the potential production and such 
potential production shall be taken into account in the final adjust- 
ment of loss. 

Evaluation of Loss 



(d) the amount by which the guaranteed production exceeds 
the potential production for the damaged or unharvested 
acreage, 

whichever is the lesser, by the established price. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 



2.— (1) Where loss or damage occurs on or before the 15th day of 
June in the crop year, the Commission, upon written application 
therefor by the insured person, may consent in writing to, 

(a) the reseeding of the damaged acreage; or 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on the 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof. 

(2) Where the damaged female acreage is replanted to seed com 
in accordance with clause (1) (a), the Commission shall pay to the 
insured person a supplementary benefit of $75 for each acre 
replanted and the contract of insurance shall continue to apply to the 
replanted acreage. 

(3) Where the damaged female acreage is used for an alternative 
crop, the Commission shall pay to the insured person a supplemen- 
tary benefit of $75 for each acre replanted, the replanted acreage 
shall be released from the contract of insurance and the guaranteed 
production and indemnity payable shall be reduced accordingly. 

(4) Where the damaged female acreage is abandoned or 
destroyed in accordance with clause (1) (b), the amount of loss that 
shall be taken into account in the final adjustment of loss in respect 
of the total seeded acreage shall be calculated by multiplying the dif- 
ference between the guaranteed production and the potential pro- 
duction determined under clause (1) (b) for the damaged acreage by 
the established price. 

(5) Where the damaged female acreage is not used for any other 
purpose or the crop thereon is not abandoned or destroyed after the 
Commission has consented thereto, the amount of loss calculated 
under subparagraph (4) shall not be taken into account in the final 
adjustment of loss. 

3.— (1) Where loss or damage occurs after the 15th day of June in 
the crop year, the Commission, upon written application therefor by 
the insured person, may consent in writing to the use of the damaged 
acreage for any°bther purpose or to the abandonment or destruction 
of the insured crop on such damaged acreage and, in such case, the 
Commission shall determine the number of damaged acres and the 
potential production thereof. 

(2) Where, 

(a) damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accor- 
dance with subparagraph (1); or 

(b) the harvesting of any seeded acreage is not completed and 
the harvesting was prevented by reason of a cause of loss 
not insured against, 

the amount of loss that shall be taken into account in the final adjust- 
ment of loss in respect of the total seeded acreage shall be calculated 
by multiplying, 

(c) the guaranteed production for the damaged or unharvested 
acreage, as the case may be; or 



(4) Where the actual production of the acreage harvested is less 
than the guaranteed production for the acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the seeded acreage shall be calculated by multiplying the 
difference between the guaranteed production and the actual pro- 
duction by the established price. 

(5) For the purposes of this plan, the final date for planting or 
replanting seed corn in a crop year is the 15th day of June or such 
other date as may be determined from time to time by the Commis- 
sion. 

Salvage 

4. Where, as the result of an insured peril, the insured crop or any 
part thereof is suitable only for feed, the amount of loss that shall be 
taken into account in the final adjustment of loss shall be the amount 
by which the liability under this plan for the damaged acreage 
exceeds the actual production for the damaged acreage multiplied by 
the highest established price for grain com under The Ontario Crop 
Insurance Plan for Corn. 

Final Adjustment of Loss for Total Seeded Acreage 

5. The indemnity payable with respect to the total seeded acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
applicable to such acreage, but where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of any loss calculations shall be reduced 
by the amount obtained by multiplying such excess by the established 
price per bushel. 

In Wftness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.,19. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 220, Form 2; O. Reg. 509/86, s. 4; O. Reg. 
316/87, ss. 2, 3. 



REGULATION 247 
CROP INSURANCE PLAN FOR SOUR CHERRIES 

1. The plan in the Schedule is established for the insurance within 
Ontario of sour cherries. R.R.O. 1980, Reg. 221, s. 1 



136 



Reg./Règl. 247 



ASSURANCE-RÉCOLTE 



Reg./Règl. 247 



Schedule 

Crop Insurance Act (Ontario) 

PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Sour Cherries". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of sour cherries resulting from one or more of 
the perils designated in section 4. 



DEHNmONS 



3. In this plan. 



"average yield" means the average total orchard production of the 
insured person over the preceding six years allowing for, 

(a) age of trees, 

(b) tree removal, and 

(c) change in acreage; 

"sour cherries" means all varieties of sour cherries produced in 
Ontario. 

Designation of Perii.s 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Freeze injury. 

4. Frost. 

5. Hail. 

6. Rain split. 

7. Unavoidable pollination failure. 

8. Wildlife. 

9. Wind damage. 

Designation of Crop Year 

5. The crop year for sour cherries is the period from the 1st day of 
December in any year to the 30th day of November next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
sour cherries shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; 

(c) the production guarantee report, and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 



(b) be accompanied by a premium deposit of, 

(i) $100, or 

(ii) one-quarter of the premium payment made by the 
insured person for the previous crop year, 

whichever is the greater, or 

(iii) an amount to be determined by the Commission; 
and 

(c) be filed with the Commission not later than the 1st day of 
December in the crop year in respect of which it is made. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of December in the crop year during which the 
cancellation is to be effective or on or before such other date as may 
be determined from time to time by the Commission. 

Coverage 

9.— (1) The initial coverage provided under a contract of insurance 
shall be 66 per cent of the average yield in pounds as determined by 
the Commission multiplied by the established price. 

(2) If there is no claim in a year, the coverage provided under a 
contract of insurance for the next following year shall be as follows: 

(a) where the coverage for the year in which there was no claim 
was 63 per cent, 66 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; 

(b) where the coverage for the year in which there was no claim 
was 66 per cent, 68 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; 

(c) where the coverage for the year in which there was no claim 
was 68 per cent, 70 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; 

(d) where the coverage for the year in which there was no claim 
was 70 per cent, 73 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; and 

(e) where the coverage for the year in which there was no claim 
was 73 per cent, 73 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price. 

(3) If there is a claim in a year, the coverage provided under a 
contract of insurance for the next following year shall be as follows: 

(a) where the coverage for the year in which there was a claim 
was 73 per cent, 70 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; 

(b) where the coverage for the year in which there was a claim 
was 70 per cent, 68 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; 



137 



Reg./Règl. 247 



CROP INSURANCE 



Reg./Règl. 247 



(c) where the coverage for the year in which there was a claim 
was 68 per cent, 66 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; 

(d) where the coverage for the year in which there was a claim 
was 66 per cent, 63 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price; and 

(e) where the coverage for the year in which there was a claim 
was 63 per cent, 63 per cent of the average yield in pounds 
as determined by the Commission multiplied by the estab- 
lished price. 

(4) The number of pounds calculated for the purposes of subsec- 
tions (1), (2) and (3) constitutes the total guaranteed production 
under a contract of insurance. 

10.— (1) The established price per pound for sour cherries is, 

(a) 16 cents; 

(b) 20 cents; or 

(c) 22 cents. 

(2) Subject to subsection (3), the established price per pound 
selected by an applicant at the time a contract of insurance is made 
applied in each succeeding crop year during which the contract is in 
force. 

(3) Where, 

(a) the insured person applies therefor in writing prior to the 
1st day of December in the crop year; and 

(b) the Commission consents in writing, 

any established price designated in subsection (1) may be substituted 
for the established price selected by the insured person at the time a 
contract of insurance is made or for any established price substituted 
in lieu thereof under this subsection. 

11. The maximum indemnity for which the Commission is liable 
under a contract of insurance shall he the amount obtained by muhi- 
plying the total guaranteed production determined under section 9 
by the established price per pound determined under section 10. 

Premiums 

12.— (1) The total premium payable in the crop year is, 

(a) where the level of coverage is 73 per cent, 20 per cent of the 
guaranteed production in pounds multiplied by the estab- 
lished price; 

(b) where the level of coverage is 70 per cent, 21 per cent of the 
guaranteed production in pounds multiplied by the estab- 
lished price; 

(c) where the level of coverage is 68 per cent, 22 per cent of the 
guaranteed production in pounds multiplied by the estab- 
lished price; 

(d) where the level of coverage is 66 per cent, 23 per cent of the 
guaranteed production in pounds multiplied by the estab- 
lished price; and 

(e) where the level of coverage is 63 per cent, 24 per cent of the 
guaranteed production in pounds multiplied by the estab- 
lished price. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 



(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, to 
the Commission at the time the production guarantee report pre- 
scribed by section 14 is returned to the Commission. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of December 
in the crop year, pay the premium deposit as set out in clause 7 (b). 

Production Guarantee Report 

14. The Commission shall prepare and deliver a production guar- 
antee report in the form prescribed by the Commission to each 
insured person in each crop year and the insured person shall sign a 
copy thereof and return it to the Commission. R.R.O. 1980, Reg. 
221, Sched.; O. Reg. 773/81, ss. 1-3; O. Reg. 755/82, s. 1; O. Reg. 
42/83, s. 1; O. Reg. 798/83, ss. 1, 2; O. Reg. 646/85, ss. 1-4; O. Reg. 
31/88, s. 1; O. Reg. 118/89, s. 1; O. Reg. 463/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



of the hrst part 



-and- 



ofthe of 

in the County (or as the case may be) of 

, hereinafter referred to as 



"THE INSURED PERSON", 



of the second part 



Whereas the insured person has applied for crop insurance on 
sour cherries under The Ontario Crop Insurance Plan for Sour Cher- 
ries, hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where, in a crop year the 
insured person suffers a loss in the production of sour cherries result- 
ing from one or more of the perils designated in the plan, the Com- 
mission, subject to the terms and conditions hereinafter set forth, 
agrees to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Insured Crop 

1. In this contract, "insured crop" means all varieties of sour cher- 
ries produced in Ontario. 

Causes of Loss Not Insured Against 

2. This contract does not insure against and no indemnity shall be 
paid in respect of a loss resulting from. 



138 



Reg./Règl. 247 



ASSURANCE-RECOLTE 



Reg./Règl. 247 



(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated in 
Ontario, and, subject to subparagraph (2), this contract applies to all 
such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

4.— (1) All insured acreage shall be harvested unless the Commis- 
sion, upon application therefor in writing, consents in writing to the 
abandonment or destruction of the insured crop or any part thereof 
and, in such case, the Commission shall determine, 

(a) the potential production of the unharvested acreage; and 

(b) whether the harvesting was prevented by one or more of 
the perils insured against. 

(2) Where an insured person fails to obtain the consent of the 
Commission in accordance with subparagraph (1), no indemnity shall 
be paid in respect of the unharvested acreage. 

Evaluation of Loss 

5.— (1) Subject to subparagraphs (3) and (4), the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total insured acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per pound. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) the total orchard run of all insured acreage; and 

(b) the potential production of wholly or partially unharvested 
acreage where the failure to harvest resulted from a cause 
of loss not insured against. 

(3) Where the insured crop or any part thereof has suffered dam- 
age from an insured peril to such an extent that it is unsuitable for 
sale, it shall not be counted as production. 

(4) Despite subparagraph (3), where damaged sour cherries are 
sold to a winery at less than the prevailing price for unblemished 
fruit, the actual production shall be deemed to be reduced in the 
ratio that the salvage value received for the crop bears to the market 
price for processing sour cherries as set by The Ontario Tender Fruit 
Producers' Marketing Board. 

Notice of Loss or Damage 

6.-(l) Where, 

(a) loss of the insured crop occurs; or 

(b) the insured crop or any part thereof is or is intended to be 
sold on a pick-your-own basis, 

the insured person shall notify the Commission in writing as soon as 



the damage occurs in order that a pre-harvest inspection may be 
made. 

(2) Where the insured person fails to notify the Commission pur- 
suant to subparagraph (1), a claim by the insured person is invalid 
and the insured person's right to indemnity is forfeited. 

Misrepresentation, Vioi^tion of Conditions or Fraud 

7. Where the insured person, 

(a) in the application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Ai,teration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Although that a person other than the insured person holds an 
interest of any kind in the insured crop, for the purposes of this con- 
tract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the right to indem- 
nity under this contract in respect of the insured crop but an assign- 
ment is not binding on the Commission and no payment of indemnity 
shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Adjustment of Loss 

11.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 



139 



Reg./Règl. 247 



CROP INSURANCE 



Reg./Règl. 248 



(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the contract shall be 
reduced accordingly. 



Notice 

17.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be served by per- 
sonal delivery or by mailing it to the insured person's last known 
address on file with the Commission. 



Proof of Loss 

12.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after the 
earlier of, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 10. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

13. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

14.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sbcty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

15. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

16. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 



(3) A written notice that is mailed shall be deemed to be served 
three days after it is mailed. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 221, Form 1; O. Reg. 42/83, s. 2; O. Reg. 
646/85, s. 5; O. Reg. 118/89, s. 2; O. Reg. 463/90, s. 2. 



REGULATION 248 

CROP INSURANCE PLAN FOR SPECIALTY CROPS 

1. The plan in the Schedule is established for the insurance within 
Ontario of specialty crops. O. Reg. 465/84, s. 2. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Specialty Crops". 

2. The purpose of this plan is to provide for insurance against a 
loss resulting from one or more of the perils designated in section 4. 

Interpretation 

3. In this plan, "specialty crops" means, 

(a) sweet corn and tomatoes produced in Ontario and grown 
for the fresh market; and 

(b) broccoli, cabbage, cauliflower, celery, lettuce, parsnips, 
and strawberries produced in Ontario, 

(i) for processing under a contract between a grower 
and a processor, and on acreage or for tonnage spec- 
ified in such contract, or 

(ii) for sale on the fresh market. 
Designation of Perils 

4.— (1) The following are designated as perils for the purposes of 
this plan: 

1. Drought. 

2. Excessive heat. 

3. Excessive rainfall. 

4. Flood. 



140 



Reg./Règl. 248 


5. 


Freeze. 


6. 


Frost. 


7. 


Hail. 


8. 


Insect infestation. 


9. 


Plant disease. 


10. 


Wildlife. 


11. 


Wind. 



ASSURANCE-RECOLTE 



Reg./Règl. 248 



(2) Despite subsection (1), broccoli, cauliflower and strawberries 
are not insured against any loss resulting from drought and lettuce 
and sweet corn are not insured against any loss resulting from exces- 
sive heat. 

Crop Year 

5. The crop year for specialty crops is the period from the 1st day 
of March in any year to the 1st day of November next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for specialty crops shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; 

(c) the final acreage report for each crop year; and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7.— (1) An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be filed with the Commission, 

(i) for strawberries, not later than the 15th day of April 
in the crop year, 

(ii) for all other crops, not later than the 1st day of May 
in the crop year, or 

(iii) such other date as may be determined by the Com- 
mission, 

(c) be accompanied by a premium deposit of $100 for each crop 
applied for; 

(d) include all acreage intended to be planted to the crops 
applied for; and 

(e) include the insurance value selected by the insured person 
for each crop. 

(2) Where, for any reason, the applicant fails to enter into a con- 
tract of insurance with the Commission, the Commission may retain 
the premium deposit paid. 

Duration of Contract 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made unless it is terminated in whole or in part 
In accordance with regulations. 

Coverage 

9.— (1) Subject to subsections (2) and (3), the total coverage pro- 
vided under a contract of insurance is 70 per cent of the insurance 
value selected by the insured person for each of the insured crops 
multiplied by the number of acres grown. 



(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year to 75 per cent. 

2. Following the second no claim year to 80 per cent. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years in steps of 5 per cent from the insured level 
in reverse progression to that prescribed by subsection (2) to a mini- 
mum of 65 per cent. 

(4) Where, in any year, a claim is paid in an amount less than 
one-half of the total premium for that year, the coverage for the fol- 
lowing year shall remain unchanged. 

10.— (1) The maximum insurable value that may be selected by the 
insured person for each acre of the insured crop is as follows: 



1. 


Broccoli 


- $1,100. 


2. 


Cabbage 


- $1,000. 


3. 


Cauliflower 


- $1,600. 


4. 


Celery 


- $2,400. 


5. 


Lettuce 


- $1,200. 


6. 


Parsnips 


- $1,200. 


7. 


Strawberries 


- $3,000. 


8. 


Sweet Corn 


- $ 650. 


9. 


Tomatoes 


- $2,500. 



(2) The minimum insurable value that may be selected by the 
insured person for each acre of the insured crop shall be an amount 
equal to one-half of the maximum insurable value that may be 
selected for the crop as provided by subsection (1). 



1 1 . — ( 1 ) Where the level of coverage in a crop year is 70 per cent, 
the total premium payable in respect of the insured crop shall be 
determined according to the following formula: 



Total coverage in dollars 
prescribed by section 9 



Factor listed opposite 
insured crop in the Table 
100 



(2) The total premium payable as determined in accordance with 
subsection (1) may be increased following each consecutive claim 
year in steps of 2 per cent to a maximum of 4 per cent. 

(3) The total premium payable as determined In accordance with 
subsection (1) may be decreased following each consecutive no claim 
year in steps of 2 per cent to a maximum of 4 per cent. 

(4) Despite subsections (1), (2) and (3), the minimum premium 
payable by an insured person In each crop year Is $100 for each crop 
Insured. 

(5) The premiums prescribed by this section include payments in 
respect of premiums made by the Government of Canada under the 
Crop Insurance Act (Canada). 



TABLE 




Crop 


Factor 


1 . Broccoli 


26 


2. Cabbage 


10 


3. Cauliflower 


26 


4. Celery 


16 


5. Lettuce 


20 



141 



Reg./Règl. 248 



CROP INSURANCE 



Reg./Règl. 248 



Crop 


Factor 


6. Parsnips 

7. Strawberries 

8. Sweet Corn 

9. Tomatoes 


24 
22 
18 
20 



12.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to an insured crop. 

(2) Where a premium is payable by an insured person in respect 
of a crop year, the insured person shall pay the premium, less the 
premium deposit, if any, to the Commission at the time the final 
acreage report prescribed by section 13 is filed. 

Final Acreage Reports 

13.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage is completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

14.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report and adjustment of premium made 
by the Commission under subsection (1) unless, within ten days from 
the mailing or delivery of the notification by the Commission, the 
insured person notifies the Commission in writing the revision and 
adjustment are not acceptable. 

(3) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(4) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

15.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall mail or deliver a copy of the 
report to the insured person. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days from the mailing or delivery to the insured per- 
son of a copy of the report. 

Final Date For Seeding 

16.— (1) For the purposes of this plan, in a crop year, the final date 
for seeding or planting of specialty crops in rows and at regular inter- 
vals is, 

(a) the 1st day of August for broccoli and lettuce; 

(b) the 15th day of July for cauliflower; 



(c) the 15th day of June for tomatoes; or 

(d) the 1st day of July for all other specialty crops. 

(2) Where it is reasonable in the circumstances, the final dates set 
out in subsection (1) may be changed for any specialty crop. 
O. Reg. 313/81, Sched.; O. Reg. 219/82, ss. 1-4; O. Reg. 266/83, 
ss. 1-5; O. Reg. 465/84, ss. 3-10; O. Reg. 286/85, ss. 1-7; O. Reg. 
204/86, ss. 1, 2; O. Reg. 329/87, ss. 1, 2; O. Reg. 278/88, s. 1; 
O. Reg. 294/89, s. I, revised. 

Form 1 

Crop Insurance Act (Ontario) 

CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



OF THE First Part 



-and- 



of the of 

in the County (or as the case may be) of 



. , hereinafter 



referred to as "THE INSURED PERSON", 

OF THE Second Part 

Whereas the insured person has applied for crop insurance on 
one or more crops under The Crop Insurance Plan for Specialty 
Crops, hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, where in a crop year the insured 
person suffers a loss resulting from one or more of the perils desig- 
nated in the plan, the Commission, subject to the terms and condi- 
tions hereinafter set forth, agrees to indemnify the insured person in 
respect of such loss. 

Causes of Loss Not Insured Against 

1. This contract does not insure against and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) plant disease and insect infestation unless recommended 
spray programs and cultural practices were followed; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
planted in the crop year to the insured crop or crops on the farm or 
farms operated by the insured person in Ontario, and, subject to sub- 
paragraph (2), this contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to an insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that, in the opinion of the Commission, is not insurable; or 

(c) on which the insured crop is a volunteer crop. 



142 



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ASSURANCE-RÉCOLTE 



Reg./Règl. 248 



3.— (1) Where the acreage planted by the insured person in the 
crop year is not the same as that stated in the appHcation for insur- 
ance, the insured person shall, not later than the 15th day of July, 
notify the Commission in writing of the actual acreage planted. 

(2) Where the actual planted acreage of an insured crop is less 
than that stated in the final acreage report, the maximum amount of 
indemnity shall be reduced proportionately and there shall be no 
refund of premium in respect thereof. 

(3) Where the actual planted acreage of an insured crop is more 
than that stated in the final acreage report, the maximum amount of 
indemnity and the premium payable shall not be increased but the 
potential of the total planted acreage shall be included in the calcula- 
tion of a loss. 

Harvesting of Planted Acreage 

4. All acreage planted to an insured crop in the crop year shall be 
harvested unless the Commission, upon application therefor in writ- 
ing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 

part thereof. 

5.— (1) If before harvest any part of the insured crop is lost or 
damaged, the Commission, upon application therefor in writing by 
the insured person, may consent in writing to, 

(a) the replanting of the damaged acreage to the insured crop 
and, in such case, the replanting shall be completed in 
accordance with and not later than the dates prescribed by 
section 16 of the Schedule; 

(b) the use of the damaged acreage for any other purpose or to 
the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
thereof. 

(2) Where the damaged acreage is replanted to the insured crop 
in accordance with clause (I) (a), the contract of insurance continues 
to apply to such replanted acreage and, 

(a) a benefit for each acre of celery, lettuce, parsnips, strawber- 
ries and sweet corn shall be paid in accordance with the 
benefit per acre set out in the Table; and 

(b) a benefit for broccoli, cabbage, cauliflower and tomatoes 
shall be paid equal to the actual cost of the plants or seeds 
that are used in the replanting but not exceeding the 
amount noted in the Table. 

(3) Where the damaged acreage is used for any other purpose or 
the insured crop is abandoned or destroyed in accordance with clause 
(1) (b), the contract of insurance ceases to apply to the acreage and, 

(a) a benefit for each acre of celery, lettuce, parsnips, strawber- 
ries and sweet corn abandoned or destroyed shall be paid in 
accordance with the Table; and 

(b) a benefit for broccoli, cabbage, cauliflower and tomatoes 
shall be paid in an amount equal to the actual cost of the 
plants or seeds used in the original planting but not exceed- 
ing the amount noted in the Table. 

(4) If the damaged acreage is not used for any other purpose or 
the crop is not abandoned or destroyed after the Commission has 
consented thereto, the amount of loss calculated under subparagraph 
(3) shall not be taken into account in the final adjustment of loss. 

(5) Acreage planted to an insured crop shall not be put to 



another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential of the 
acreage. 

Evaluation of Loss 

6.— (1) The amount of loss that shall be taken into account in the 
final adjustment of loss in respect of any damage to a crop caused by 
an insured peril shall be the amount by which the percentage cover- 
age for that crop exceeds the potential as determined by the Com- 
mission for that crop multiplied by the insurance value selected by 
the insured person for the damaged acreage. 

(2) The loss calculated under subparagraph (1) shall be reduced 
by the amount of any loss that, in the opinion of the Commission, 
was sustained by reason of a peril other than the perils designated in 
the plan. 

Misrepresentation, Violation of Conditions or Fraud 

7. A claim by the insured person is invalid and the insured person's 
right to recover indemnity is forfeited where the insured person, 

(a) in the application for insurance, 

(i) gives false particulars of an insured crop to the Com- 
mission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of an insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance. 

Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

9. Although that a person other than the insured person holds an 
interest of any kind in the insured crop, for the purposes of this con- 
tract, 

(a) the interest of the insured person in an insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the right to indem- 
nity under this contract in respect of an insured crop but an assign- 
ment is not binding on the Commission and no payment of indemnity 
shall be made to an assignee unless, 

(a) the assignment is made on a form approved by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Notice of Loss 

11.— (1) Where loss or damage to an insured crop occurs, the 
insured person shall notify the Commission forthwith by telephone 
and shall confirm in writing within three days of such time in order 



143 



Reg./Règl. 248 



CROP INSURANCE 



Reg./Règl. 249 



that a full inspection can be carried out prior to harvest of the 
affected acreage. 

(2) Where the insured person fails to notify the Commission pur- 
suant to subparagraph (1), a claim by the insured person is invalid as 
the insured person's right to recover indemnity is forfeited. 

Adjustment of Loss 

12.— (1) The indemnity payable for loss or damage to an insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the potential of an insured crop 
to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of an insured 
crop unless the insured person establishes that the loss or part 
thereof resulted directly from one or more of the perils insured 
against. 

(4) Where a loss resulted partly from a peril insured against and 
partly from a cause of loss not insured against, the Commission shall 
determine the amount of the loss that resulted from the cause of loss 
not insured against, and the indemnity payable by the Commission 
under this contract shall be reduced accordingly. 

Proof of Loss 

13.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after the 
earlier of, 

(a) the completion of harvesting of the last of the insured 
crops; or 

(b) the end of the crop year. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 10. 

(4) Where required by the Commission, the information given in 
a proof of loss shall be verified by statutory declaration. 

Arbitration 

14. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time For Payment of Indemnity 

15.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 



(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

16. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

17. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

18.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person's last 
post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at , 
this day of 



.,19. 



Duly Authorized 
Representative 



General Manager 



TABLE 



Crop 


Number of PLants 


Benefits 


per acre 


per acre 


Broccoli 


10,000 or less 


$150 




10,001 to 14,000 incl. 


$300 




14,001 or more 


$400 


Cabbage 


10,000 or less 


$250 




10,001 to 14,000 incl. 


$400 




14,001 or more 


$500 


Cauliflower 


10,000 or less 


$150 




10,001 to 14,000 incl. 


$300 




14,001 or more 


$400 


Celery 




$110 


Lettuce 




Nil 


Parsnips 




$ 35 


Strawberries 




Nil 


Sweet Corn 




$ 45 


Tomatoes 


6,500 or less 


$750 




6,501 to 7,500 incl. 


$800 




7,501 or more 


$850 



O. Reg. 313/81, Form 1; O. Reg. 219/82, s. 5; O. Reg. 266/83, s. 6; 
O. Reg. 465/84, s. 11; O. Reg. 286/85, s. 8; O. Reg. 204/86, s. 3; 
O. Reg. 329/87, ss. 3, 4; O. Reg. 278/88, s. 2; O. Reg. 294/89, s. 2. 



REGULATION 249 
CROP INSURANCE PLAN FOR SPRING GRAIN 

1. The plan in the Schedule is established for the insurance within 
Ontario of spring grain. R.R.O. 1980, Reg. 223, s. 1. 



144 



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ASSURANCE-RECOLTE 



Reg./Règl. 249 



Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Spring Grain". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of spring grain resulting from one or more of 
the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"mixed grain" means any seed mixture that includes both oats and 
barley, the combined weight of which equals at least 75 per cent of 
the total, but the individual weights of either of which do not 
exceed 75 per cent of the total; 

"spring grain" means, 

(a) oats, 

(b) barley, including winter barley, 

(c) spring wheat, and 

(d) mixed grain, 

the moisture content of which is not greater than 14 per cent. 
Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind 

n. Winterkill. 



Designation of Crop Year 

5.— (1) Subject to subsection (2), the crop year for spring grain is 
the period from the 1st day of March in any year to the last day of 
February next following. 

(2) The crop year for winter barley is the period from the 1st day 
of September in any year to the 31st day of August next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for spring grain shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for spring grain in Form 2; 

(c) the application for insurance; 

(d) the final acreage report for each crop year; and 

(e) an amendment to any document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of $1 per acre; and 

(c) be filed with the Commission not later than, 

(i) the 1st day of May, or 

(ii) the 31st day of October in the case of winter barley, 

in the crop year in respect of which it is made. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the final date for application in the crop year during which the 
cancellation is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield for spring 
grain, the Commission shall, on an annual basis, compare the actual 
yield in each year of the ten-year period used to calculate the average 
farm yield with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 

Adjusted _ Actual _ 2 r Actual _ /Average ^ l 3 \n 

\ Yield ■ /J 



Yield Yield 3 L Yield V Yield 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula, 

Adjusted _ Actual ^ 2r/Average ^ g ^\_ Actual "I 
Yield Yield 3 L V Yield ' / Yield J 



145 



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CROP INSURANCE 



Reg./Règl. 249 



10.— (1) For the purpose of computing total guaranteed produc- 
tion, the number of bushels determined as the average farm yield 
shall be converted to pounds. 

(2) The conversion into pounds mentioned in subsection (1) shall 
be made on the basis that, 

(a) a bushel of oats weighs 34 pounds; 

(b) a bushel of barley weighs 48 pounds; 

(c) a bushel of spring wheat weighs 60 pounds; and 

(d) a bushel of mixed grain weighs 40 pounds. 

11.— (1) Subject to subsections (4) and (5), the initial coverage 
provided under a contract of insurance shall be 75 per cent of the 
average farm yield in pounds of the total acreage planted to spring 
grain by the insured person. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in pounds of the total acreage planted to 
spring grain by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in pounds of the total acreage planted to 
spring grain by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 



(b) the previous year's coverage was 80 per cent. 

12. The maximum indemnity payable for a loss in production of 
spring grain in a crop year is the amount obtained by multiplying the 
total guaranteed production determined under section 11 by the 
established price per pound determined under section 13. 

13.— (1) For the purposes of this plan, the established price for 
spring grain is, 

(a) $0.02 per pound; 

(b) $0.045 per pound; or 

(c) the greater of $0.033 per pound and the floating price per 
pound for spring grain, as determined under subsection (2). 

(2) To obtain the floating price per pound for spring grain, the 
Commission shall, 

(a) calculate the floating price of barley, oats and mbced grain 
by averaging the daily prices of barley, oats and mixed grain 
at the Ontario locations of Hensall/Mitchell, Peterborough/ 
Trenton and Embrun/St. Isidore as set out in the Farm 
Market News, during the period of August 10th to August 
31st in each crop year; and 

(b) reduce the amount calculated under clause (a) by trucking 
costs in the amount of $0.002 per pound of spring grain. 

(3) Any established price designated herein may be substituted 
for the established price selected by the insured person at the time a 
contract of insurance is made, or any established price substituted in 
lieu thereof under this section where, 

(a) the insured person applies therefor in writing on or before 
the 1st day of May in a crop year; and 

(b) the Commission consents in writing. 

(4) Where, upon any renewal, the insured person fails to select 
an established price pursuant to subsection (3), the Commission may 
designate the established price applicable to the contract for the crop 
year. 

(5) For the purposes of this plan, the established price and pre- 
mium for winter barley will be equal to the highest price option for 
spring grain for the crop year. 

Premiums 

14.— (1) The total premium is, 

(a) $4.40 per acre where the established price is $0.02 per 
pound; 

(b) $9.60 per acre where the established price is $0.045 per 
pound; or 

(c) $11.40 per acre where the established price is the floating 
price per pound. 

(2) Despite subsection (1), the total premium is 80 per cent of the 
total premium prescribed by subsection (1) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person for spring grain exceed any indemnity paid. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 



146 



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ASSURANCE-RECOLTE 



Reg./Règl. 249 



15.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to spring grain. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time the final acreage report pre- 
scribed by section 16 is filed. 

(3) Where application is made for insurance coverage on winter 
barley, the insured person shall insure all spring sown acreage of 
spring grain under the same contract of insurance and shall file a final 
acreage report and pay the additional premium in respect thereof 
within ten days after the planting is completed. 

Final Acreage Reports 

16.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage to spring grain is 
completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

17.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the revision is not acceptable within ten days after the 
Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

18. — (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) The Commission shall serve a copy of a final acreage report 
made under subsection (1) on the insured person either by personal 
delivery or by mailing it to the insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Planting Date 

19. For the purposes of this plan, the final date for planting in a 
crop year is, 



(a) for spring sown crops, the 1st day of July; and 

(b) for winter barley, the 20th day of October, 

or such other date as may be determined from time to time by the 
Commission. R.R.O. 1980, Reg. 223, Sched.; O. Reg. 306/81, 
ss. 1-3; O. Reg. 91/82, s. 1; O. Reg. 47/83, ss. 1, 2; O. Reg. 140/84, 
ss. 1-3; O. Reg. 302/85, ss. 1-3; O. Reg. 325/87, ss. 1-5; O. Reg. 
277/88, s. 1; O. Reg. 296/89, s. 1; O. Reg. 449/90, s. 1. 

TABLE 



Spring Sown Crops in Order of Priority 


1. 


Corn 


2. 


Soybeans 


3. 


White Beans 


4. 


Coloured Beans 


5. 


Spring Grain 


6. 


Canola 


7. 


Sunflowers 


8. 


Red Spring Wheat 



O. Reg. 306/81, s. 4; O. Reg. 302/85, s. 4; O. Reg. 325/87, s. 6; 
O. Reg. 296/89, s. 2. 

Form 1 

Crop Insurance Act (Ontario) 
EXTENDED COVERAGE ENDORSEMENT 

1. — (1) This endorsement is in force where the insured person 
applies for it and pays the prescribed premium. 

(2) The coverage in force and indemnity and premiums payable 
under this endorsement are in addition to any prescribed by the plan. 

(3) The conditions of the Schedule and Form 2 apply to this 
endorsement unless they are inconsistent with it or are specifically 
excluded under it. 

2. An application for extended coverage shall be made by, 

(a) the 1st day of May; or 

(b) the 31st day of October in the case of winter barley, 
in the crop year in respect of which it is made. 

Coverage 

3. The insured person may purchase an extra 3 per cent coverage 
in addition to the coverage determined under section 11 of the 
Schedule. 

4. The maximum indemnity for which the Commission is liable 
under a contract of insurance under the plan and insurance provided 
by this endorsement is the amount obtained by adding an additional 
3 per cent to the total guaranteed production determined under sec- 
tion 11 of the Schedule and muhiplying this sum by the established 
price per pound determined under section 13 of the Schedule. 

Premiums 

5.— (1) The additional premium payable in the crop year for this 
endorsement is, 

(a) $0.60 per acre where the established price is $0.02 per 
pound; 

(b) $1.60 per acre where the established price is $0.045 per 
pound; or 

(c) $1.80 per acre where the established price is the floating 
price per pound. 



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Reg./Règl. 249 



(2) The premiums prescribed by subsection (1) include payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

(3) Subsection 14 (2) of the Schedule does not apply to this 
endorsement. 

(4) An insured person shall pay a premium deposit of $1 per acre 
at the time of application for extended coverage. O. Reg. 449/90, 
s. 3, part. 

Form 2 

Crop Insurance Act (Ontario) 

SPRING GRAIN ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
spring grain under The Ontario Crop Insurance Plan for Spring 
Grain, hereinafter referred to as "the plan", and has paid the deposit 
premium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover spring grain. 

Harvesting of Pi.anted Acreage 

1.— (1) All acreage planted to spring grain in a crop year shall be 
harvested unless the Commission, upon application therefor in writ- 
ing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) Where the harvesting of any planted acreage is not completed 
and the failure to harvest was not caused by an insured peril, the con- 
tract of insurance shall cease to apply to such unharvested acreage 
and no indemnity shall be payable therefor. 

Evaluation of Loss 

2.— (1) For the purposes of determining the loss in production of 
spring grain in a crop year and the indemnity payable therefor, the 
actual production of all harvested acreage of oats, barley, spring 
wheat and mixed grain shall be combined, and in no case shall the 
production of oats, barley, spring wheat or mixed grain be taken into 
account separately. 

(2) For the purpose of calculating actual production, hulless oat 
yields shall be multiplied by a factor of 1.28 per cent to convert the 
yields to hulled oat yields, irrespective of whether loss occurs under 
subparagraph (1). 

3.— (1) An indemnity shall be paid for the acreage set out in sub- 
paragraph (2) in the amount set out in subparagraph (3), if, 

(a) all of the acres planted to the crops listed in the Table to 
this Regulation are offered for insurance; 

(b) the insured person elects the indemnity on the application; 

(c) the insured person pays a premium deposit of $1 for each 
acre intended to be planted to the crops listed in the Table; 

(d) one or more of the designated perils prevents the planting, 

(i) of three acres or more, in the case of systematically 
tile drained land, or 



(ii) of six acres or more, in the case of land that is not 
systematically tile drained; and 

(e) the insured person notifies the Commission of the inability 
to plant the acres to the crops listed in the Table by the 15th 
day of June in the crop year. 

(2) The indemnity shall be paid, 

(a) for each unplanted acre, in the case of systematically tile 
drained land; or 

(b) for each unplanted acre in excess of three unplanted acres, 
in the case of land that is not systematically tile drained. 

(3) The amount of the indemnity shall be one-third of the guaran- 
teed production per acre of the crop with the highest priority in the 
Table of the crops intended to be planted and insured by the insured 
person multiplied by the established price for that crop. 

(4) If the insured person has elected the floating price as the 
established price, the established price prescribed by clause 
13 (1) (b) of the Schedule shall be used in lieu of the floating price 
for the purposes of the calculation in subparagraph (3). 

(5) No indemnity shall be payable under this paragraph for land 
for which the same indemnity was paid by the Commission in the 
immediately preceding year. 

(6) Where the insured person plants a crop in respect of which 
crop production insurance was applied for, the premium deposit for 
the acreage so planted shall be applied against the regular premium. 

(7) Where the insured person plants a crop which is not listed in 
the Table, the premium deposit in respect of such acreage shall be 
refunded. 

(8) Where the insured person is unable to plant acreage desig- 
nated on the application as intended to be sown to a spring sown 
crop, the premium deposit in respect of such acreage shall be 
retained by the Commission as payment for the coverage provided. 

(9) This paragraph does not apply to, and no indemnity is pay- 
able in respect of land, 

(a) that is orchard land, pasture, woodland, planted to a peren- 
nial crop, fall sown or intended for summer fallow; 

(b) that is unfilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(10) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, 

during the planting season in the area where the insured acreage is 
situate. 

4.— (1) Where loss or damage to three acres or more of the insured 
crop resulting from an insured peril occurs in the crop year prior to 
the 1st day of July, the Commission, upon application therefor in 
writing by the insured person, may consent in writing to the replant- 
ing of the damaged acreage. 

(2) Where the damaged acreage is replanted in accordance with 
subparagraph (1), the Commission shall pay a supplementary benefit 
to the insured person calculated at the rate of $30 for each replanted 
acre. 



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Reg./Règl. 249 



(3) Where the damaged acreage is replanted to spring grain, the 
contract of insurance shall continue to apply to such replanted acre- 
age. 

(4) The total number of acres in respect of which a replanting 
benefit is paid in a crop year shall not in any case exceed the total 
number of insured acres. 

5.— (1) Where loss or damage occurs prior to harvest, the Com- 
mission, upon application therefor in writing by the insured person, 
may consent in writing to the use of the damaged acreage for any 
other purpose or to the abandonment or destruction of the insured 
crop on such damaged acreage and, in such case, the Commission 
shall determine the number of damaged acres and the potential pro- 
duction thereof. 

(2) Where damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accordance with 
subparagraph (1), the amount of loss that shall be taken into account 
in the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the difference between the guaran- 
teed production for the damaged acreage and the potential produc- 
tion for the damaged acreage determined under subparagraph (1) by 
the established price per pound. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per pound. 

Final Adjustment of Loss for Total Insured Acreage 

6. The indemnity payable with respect to the total insured acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
made under paragraphs 3, 4 and 5 applicable to such acreage, but 
where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 5 shall be reduced by the amount obtained by multiplying such 
excess by the established price per pound. 

Incorrect Acreage in Final Acreage Report 

7.— (1) Where the actual planted acreage of spring grain in a crop 
year is less than the planted acreage declared on the final acreage 
report, the guaranteed production shall be decreased proportion- 
ately in calculating whether there has been a loss and the actual pro- 
duction shall be used in calculating the average production for pur- 
poses of determining coverage for the following crop year and there 
shall be no refund of premium. 

(2) Where the actual planted acreage of spring grain in a crop 
year exceeds the planted acreage declared on the final acreage 
report, the actual production shall be used in calculating whether 
there has been a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately. 



in calculating the average production for purposes of determining 
coverage for the following crop year. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



., 19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 223, Form 2; O. Reg. 306/81, s. 6; O. Reg. 
91/82, s. 2; O. Reg. 47/83, s. 3; O. Reg. 302/85, s. 6; O. Reg. 
325/87, ss. 7-9; O. Reg. 277/88, s. 2; O. Reg. 296/89, s. 3; O. Reg. 
449/90, s. 2. 

Form 3 

Crop Insurance Act (Ontario) 
EXTENDED COVERAGE ENDORSEMENT 

1.— (1) This endorsement is in force where the insured person pur- 
chases a contract of insurance for all perils for spring grain in the 
Schedule, applies for this endorsement and pays the prescribed pre- 
mium. 

(2) The premiums payable under this endorsement are in addi- 
tion to any prescribed by the plan. 

(3) The conditions of the Schedule and Form 2 apply to this 
endorsement unless they are inconsistent with it or are specifically 
excluded under it. 

2. In order to qualify for coverage under this endorsement, the 
insured person shall offer for insurance all land planted to the 
insured crop that is operated by that person in Ontario. 

3. — (1) An insured person may apply under this endorsement for 
insurance against a loss in production of spring grain resulting from 
hail damage to a portion of the person's lands. 

(2) For the purposes of this endorsement, an indemnity for hail 
damage is payable only where the portion of land damaged by hail is 
5 acres or more in size. 

Appucation 

4. An insured person must make an application for extended cov- 
erage by the 1st day of May during the crop year in respect of which 
insurance under this endorsement is requested. 

Coverage 

5. The coverage provided under this endorsement shall be the 
same as that set out in sections 11 and 12 of the Schedule and 
includes any additional coverage purchased under the extended cov- 
erage endorsement in Form 1. 

6. For the purposes of this endorsement, an indemnity for hail 
damage is payable only where 10 per cent or more hail damage has 
occurred to the insured crop on the portion of land in question. 

7. Coverage under this endorsement commences no later than, 

(a) the 1st day of July in a crop year; or 

(b) at a time, as determined by the Commission, when it is too 
late to replant the insured crop in a crop year, 

whichever is the earlier. 



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Reg./Règl. 250 



Premiums 

8.— (1) The total premium payable for this endorsement is 9 per 
cent of the total guaranteed production determined under section 11 
of the Schedule multiplied by, 

(a) where the insured person has chosen the floating price, the 
established price in clause 13 (1) (b) of the Schedule; or 

(b) in all other cases, the established price per bushel deter- 
mined under section 13 of the Schedule. 

(2) The premiums prescribed by subsection (1) include payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

9.— (1) An insured person shall pay a premium deposit of $1 per 
acre by the 1st day of May during the crop year in respect of which 
insurance under this endorsement is requested. 

(2) This endorsement may be cancelled by the insured person by 
notice in writing to the Commission on or before the final date for 
application in the crop year during which the cancellation is to be 
effective. 

(3) Where the endorsement is cancelled by the insured person 
after the 1st day of May in a crop year, the Commission shall cancel 
the contract of insurance for all perils in the Schedule and the 
extended coverage endorsement in Form 1 if applicable, and shall 
not refund to the insured person any deposits paid pursuant to these 
contracts. 

(4) The insured person shall pay the premium, less the premium 
deposit, to the Commission at the time the final acreage report pre- 
scribed by section 16 of the Schedule is filed. 



Evaluation of Loss 

10. The amount of loss respecting the insured acreage for which a 
claim is made under this endorsement shall be determined as follows: 

1. The Commission shall determine the number of damaged 
acres and their potential production. 

2. The Commission shall determine the percentage of damage 
to the damaged acres caused by the hail. 

3. The Commission shall calculate the loss, 

i. by multiplying the percentage of damage by the 
lesser of, 

A. the guaranteed production of the damaged 
acreage, and 

B. the potential production of the damaged acre- 
age, and 

ii. by multiplying the product obtained under subpara- 
graph i by, 

A. where the insured person has chosen the 
floating price, the established price in clause 
13 (1) (b) of the Schedule, or 

B. in all other cases, the established price per 
pound determined under section 13 of the 
Schedule. 

1 1 . The Commission shall determine the amount of loss before the 
harvesting of the damaged acreage. 

12. The indemnity payable with respect to the total insured acre- 



age in the final adjustment of loss under the contract of insurance for 
all perils in the Schedule shall be determined by subtracting the 
indemnity paid under this endorsement from the maximum indem- 
nity payable for a loss in production determined under section 12 of 
the Schedule. 

13. If the Commission has substituted the established price in 
clause 13 (1) (b) of the Schedule for the floating price under sections 
8 and 10 of this endorsement and this substitution results in an over- 
payment or an underpayment, the Commission may, in making the 
final adjustment of loss under the contract of insurance for all perils 
in the Schedule, readjust the indemnity payable with respect to the 
total insured acreage. 

Notice of Loss or Damage 

14. The insured person shall notify the Commission in writing 
within two days of an occurrence of loss or damage to the insured 
crop and before the harvesting of the insured crop. O. Reg. 449/90, 
s. 'i,part. 



REGULATION 250 
CROP INSURANCE PLAN FOR SUNFLOWERS 

1. The plan in the Schedule is established for the insurance within 
Ontario of sunflowers. O. Reg. 478/87, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. The title of this plan is "The Ontario Crop Insurance Plan for 
Sunflowers". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of sunflowers resulting from one or more of 
the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average of previous yields of the 
planted acreage computed on the basis of acreage production 
records of the insured person or on such other basis as is reason- 
able in the circumstances; 

"sunflowers" means sunflowers of the stripe or oilseed type. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease, except Sclerotinia stem wilt. 



150 



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Reg./Règl. 250 



9. Wildlife. 
10. Wind. 



Designation of Crop Year 



5. The crop year for sunflowers is the period from the 1st day of 
March in any year to the last day of February next following. 

Contract of Insurance 

6. — (1) For the purposes of this plan, the entire contract of insur- 
ance for sunflowers is comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) the application for insurance; 

(c) an endorsement for sunflowers in Form 1; 

(d) the final acreage report for each crop year; and 

(e) any amendment to a document referred to in clause (b) or 
(d) agreed upon in writing. 

(2) In the event of a conflict between clauses (1) (a) and (c), 
clause (1) (c) prevails. 

7.— (1) An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a minimum premium deposit of $1 per 
acre; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year in respect of which it is made. 

(2) Premium deposits prescribed by clause (1) (b) are not refund- 
able unless no acreage is planted to the crop. 

Duration of Contract 

8.— (1) A contract of insurance is in force for the crop year in 
respect of which it is made and continues in force for each crop year 
thereafter until cancelled by the insured person or the Commission in 
the manner prescribed by subsection (2) or terminated in accordance 
with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9.— (1) Subject to subsections (4) and (5), the initial coverage pro- 
vided under a contract of insurance shall be 75 per cent of the aver- 
age farm yield in pounds of the total acreage seeded to sunflowers by 
the insured person. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 



(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in pounds of the total acreage seeded to 
sunflowers by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in pounds of the total acreage seeded to 
sunflowers by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

(6) The number of pounds determined under this section consti- 
tutes the total guaranteed production under a contract of insurance. 

10. For the purposes of this plan, the established price for sunflow- 
ers is 16 cents per pound. 

11. The maximum indemnity payable for a loss in production of 
sunflowers in a crop year is the amount obtained by multiplying the 
total guaranteed production determined under section 9 by the estab- 
lished price. 

Premium 

12.— (1) The total premium for sunflowers is $22 per acre. 

(2) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to sunflowers. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit pre- 
scribed by subsection (3), to the Commission at the time the final 
acreage report prescribed by section 14 is filed. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of May in 



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Reg./Règl. 250 



the crop year, pay a premium deposit in accordance with clause 
7 (1) (b). 

Final Acreage Report 

14. — (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage to sunflowers is 
completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the written consent of the Commission. 

15. — (1) When the final acreage report is inaccurate, the Commis- 
sion may correct it and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith of the cor- 
rection and the reason therefor. 

(2) The insured person shall be deemed to have agreed with the 
correction of the final acreage report and adjustment of premium 
made under subsection (1) unless, within ten days after the mailing 
or delivery of the notification by the Commission, that person noti- 
fies the Commission in writing that the correction is not acceptable. 

(3) Upon notice that a correction is not acceptable being given, 
the contract of insurance ceases to apply for the crop year in respect 
of which the final acreage report was filed. 

(4) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

16.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall mail or deliver a copy of the 
report to the insured person. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the mailing or delivery to that person of a 
copy of the report. 

Final Date For Planting 

17. For the purposes of this plan, in any particular crop year, the 
final date for planting sunflowers is the 1st day of July or such other 
date as is reasonably warranted in the circumstances. 

18. All acreage planted to sunflowers shall be insured under one 
contract. O. Reg. 478/87, Sched.; O. Reg. 309/89, s. 1; O. Reg. 
471/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 

SUNFLOWER ENDORSEMENT 

Whereas the insured person has applied for crop insurance under 
the Ontario Crop Insurance Plan for Sunflowers, hereinafter 
referred to as "the plan" and has paid the premium deposit pre- 
scribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover sunflowers. 



Harvesting of Pijvnted Acreage 

1.— (1) All acreage planted to sunflowers in a crop year shall be 
harvested unless the Commission, upon application therefor in writ- 
ing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) Where the harvesting of any planted acreage is not completed 
and the failure to harvest was not caused by an insured peril, the con- 
tract of insurance shall cease to apply to such unharvested acreage 
and no indemnity shall be payable therefor. 

Evaluation of Loss 

2.— (1) An indemnity shall be paid for the acreage set out in sub- 
paragraph (2) in the amount set out in subparagraph (3), where, 

(a) all of the acres planted to the crops listed in the Table to 
this Regulation are offered for insurance; 

(b) the insured person elects the indemnity on the application 
for insurance; 

(c) the insured person pays a premium deposit of $1 for each 
acre intended to be planted to the crops listed in the Table; 

(d) one or more of the designated perils prevents the planting, 

(i) of three acres or more, in the case of systematically 
tile drained land, or 

(ii) of six acres or more, in the case of land that is not 
systematically tile drained; and 

(e) the insured person notifies the Commission of the inability 
to plant the acres to the crops listed in the Table by the 15th 
day of June in the crop year. 

(2) The indemnity shall be paid, 

(a) for each unplanted acre in the case of systematically tile 
drained land; or 

(b) for each unplanted acre in excess of three unplanted acres, 
in the case of land that is not systematically tile drained. 

(3) The amount of the indemnity shall be one-third of the guaran- 
teed production per acre of the crop with the highest priority accord- 
ing to the Table of the crops intended to be planted and insured by 
the insured person multiplied by the established price for that crop. 

(4) No indemnity shall be payable under this paragraph for land 
for which the same indemnity was paid by the Commission in the 
immediately preceding year. 

(5) Where the insured person plants a crop in respect of which 
crop production insurance was applied for, the premium deposit for 
the acreage so planted shall be applied against the regular premium. 

(6) Where the insured person plants a crop which is not listed in 
the Table, the premium deposit in respect of such acreage shall be 
refunded. 

(7) Where the insured person is unable to plant acreage desig- 
nated on the application as intended to be planted to a crop listed in 
the Table, the premium deposit in respect of such acreage shall be 
retained by the Commission as payment for the coverage provided. 

(8) This paragraph does not apply to and no indemnity is payable 
in respect of land. 



152 



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ASSURANCE-RECOLTE 



Reg./Règl. 250 



(a) that is orchard land, pasture, woodland, seeded to a peren- 
nial crop, fall sown or intended for summer fallow; 

(b) that is untilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(9) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, 

during the planting season in the area where the insured acreage is 
situate. 

3.— (1) Where loss or damage to three acres or more of the insured 
crop resulting from an insured peril occurs before the 1st day of July 
in the crop year, the Commission, upon application therefor in writ- 
ing by the insured person, may consent in writing to the replanting of 
the damaged acreage. 

(2) Where the damaged acreage is replanted to the insured crop 
in accordance with subparagraph (I), the Commission shall pay an 
indemnity of $35 for each acre replanted and the contract of insur- 
ance continues to apply to such acreage. 

(3) The total number of acres in respect of which a replanting 
benefit is paid in a crop year shall not in any case exceed the total 
number of insured acres. 



(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of the acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 4 shall be reduced by the amount obtained by multiplying such 
excess by the established price per pound. 

Incorrect Acreage in Final Acreage Report 



6.— (1) Where the actual planted acreage of sunflowers in a crop 
year is less than the planted acreage declared on the final acreage 
report, the guaranteed production shall be decreased proportion- 
ately in calculating whether there has been a loss and the actual pro- 
duction shall be used in calculating the average production for pur- 
poses of determining coverage for the following crop year and there 
shall be no refund of premium. 

(2) Where the actual planted acreage of sunflowers in a crop year 
exceeds the planted acreage declared on the final acreage report, the 
actual production shall be used in calculating whether there has been 
a loss and. 



(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 



(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 



4.— (1) Where loss or damage occurs prior to harvest, the Com- 
mission, upon application therefor in writing by the insured person, 
may consent in writing to the use of the damaged acreage for any 
other purpose or to the abandonment or destruction of the insured 
crop on such damaged acreage and in such case shall determine the 
number of damaged acres and the potential production thereof. 

(2) Where damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accordance with 
subparagraph (1), the amount of loss that shall be taken into account 
in the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the difference between the guaran- 
teed production for the damaged acreage and the potential produc- 
tion for the damaged acreage determined under subparagraph (1) by 
the established price per pound. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total seeded acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per pound. 

(5) Where the crop contains damaged or foreign material, the 
actual production thereof shall be deemed to be reduced by an 
amount reasonable in the circumstances. 

Final Adjustment of Loss For Total Planted Acreage 

5. The indemnity payable with respect to the total planted acreage 
in the final adjustment of loss is the sum of the losses calculated 
under paragraphs 2, 3 and 4 applicable to the acreage but where, 

(a) the actual production of any harvested acreage; or 



In Witness Whereof, The Crop Insurance Commission of 
Ontario has caused this endorsement to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at . 
this day of , 



.,19., 



Duly Authorized 
Representative 



General Manager 



O. Reg. 478/87, Form 1; O. Reg. 327/88, s. 1; O. Reg. 309/89, s. 2. 



TABLE 



Crop in Order of Priority 


1. 


Corn. 


2. 


Soybeans. 


3. 


White beans. 


4. 


Coloured beans. 


5. 


Spring grain. 


6. 


Canola. 


7. 


Sunflowers. 


8. 


Red spring wheat. 



O. Reg. 478/87, Table; O. Reg. 309/89, s. 3. 



153 



Reg./Règl. 251 



CROP INSURANCE 



Reg./Règl. 251 



REGULATION 251 
CROP INSURANCE PLAN FOR SWEET CHERRIES 

1. The plan in the Schedule is established for the insurance within 
Ontario of sweet cherries. R.R.O. 1980, Reg. 224, s. 1. 

Schedule 

Cmp Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Sweet Cherries". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of sweet cherries resulting from one or more of 
the perils designated in section 4. 



Definitions 



3. In this plan. 



"average yield" means the average total orchard production of the 
insured person allowing for age of trees, tree removal, and change 
in acreage; 

"sweet cherries" means all varieties of sweet cherries produced in 
Ontario. 

Designation of Perii.s 

4. The following are designated as perils for the purpose of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Freeze injury. 

4. Frost. 

5. Hail. 

6. Rain split. 

7. Unavoidable pollination failure. 

8. Wildlife. 

9. Wind damage. 

Designation of Crop Year 

5. The crop year for sweet cherries is the period from the 1st day of 
December in any year to the 30th day of November next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
sweet cherries shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1 ; 

(b) the application for insurance in Form 2; 

(c) the production guarantee report in Form 3; and 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall. 



(a) be in Form 2; 

(b) be accompanied by a premium deposit of, 

(i) $100 or one-quarter of the premium payment made 
by the insured person for the previous crop year, 
whichever is the greater, or 

(ii) an amount to be determined by the Commission; 
and 

(c) be filed with the Commission not later than the 1st day of 
December in the crop year in respect of which it is made. 

Duration of Contract 

8. — (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of December in the crop year during which the 
cancellation is to be effective on or before such other date as may be 
determined from time to time by the Commission. 

Coverage 

9.— (1) Subject to subsections (2) and (3), the coverage provided 
under a contract of insurance is 63 per cent of the average yield as 
determined by the Commission multiplied by the established price. 

(2) The coverage provided under subsection (1) shall be 
increased following each consecutive no claim year as follows: 

1. Following the first no claim year, to 66 per cent. 

2. Following the second no claim year, to 68 per cent. 

3. Following the third no claim year, to a maximum of 70 per 
cent. 

(3) The coverage provided under subsections (1) and (2) shall be 
decreased for claim years from the insured level in reverse progres- 
sion to that prescribed by subsection (2), except that where a claim 
occurs in a year when the coverage is 63 per cent, the coverage shall 
be reduced to a minimum of 60 per cent. 

(4) The number of pounds determined under subsections (1), (2) 
and (3) constitutes the total guaranteed production under a contract 
of insurance. 

10.— (1) The established price per pound for sweet cherries is, 

(a) 15e; or 

(b) 20e. 

(2) Subject to subsection (3), the established price per pound 
selected by an applicant at the time a contract of insurance is made 
applies in each succeeding crop year during which the contract is in 
force. 

(3) Any established price designated in subsection (1) may be 
substituted for the established price selected by the insured person at 
the time a contract of insurance is made or for any established price 
substituted in lieu thereof under this subsection where, 

(a) the insured person applies therefor in writing prior to the 
1st day of December in the crop year; and 

(b) the Commission consents in writing. 



154 



Reg./Règl. 251 



ASSURANCE-RECOLTE 



Reg./Règl. 251 



11. The maximum indemnity for which the Commission is liable 
under a contract of insurance shall be the amount obtained by multi- 
plying the total guaranteed production determined under section 9 
by the established price per pound determined under section 10. 

Premiums 

12.— (1) The total premium payable in the crop year is, 

(a) where the level of coverage is 70 per cent, 24 per cent; 

(b) where the level of coverage is 68 per cent, 29 per cent; 

(c) where the level of coverage is 66 per cent, 33 per cent; 

(d) where the level of coverage is 63 per cent, 38 per cent; and 

(e) where the level of coverage is 60 per cent, 42 per cent, 

of the guaranteed production in pounds multiplied by the established 
price. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $100. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, to 
the Commission at the time the production guarantee report pre- 
scribed by section 14 is returned to the Commission. 

(3) Where a renewal premium is payable in respect of a crop 
year, the insured person shall, not later than the 1st day of December 
in the crop year, pay the premium deposit as set out in clause 7 (b). 

Production Guarantee Report 

14. The Commission shall prepare and deliver a production guar- 
antee report in Form 3 to each insured person in each crop year and 
the insured person shall sign a copy thereof and return it to the 
Commission. R.R.O. 1980, Reg. 224, Sched; O. Reg. 774/81, 
ss. 1-3; O. Reg. 795/82, s. 1; O. Reg. 41/83, s. 1; O. Reg. 799/83, 
ss. 1, 2; O. Reg. 10/85, s. 1; O. Reg. 35/89, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



of the first part 



— and— 



ofthe of 



in the County (or as the case may be) of 

hereinafter referred to as "THE INSURED PERSON", 

of the second part 

Whereas the insured person has applied for crop insurance on 



sweet cherries under The Ontario Crop Insurance Plan for Sweet 
Cherries, hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where, in a crop year the 
insured person suffers a loss in the production of sweet cherries 
resulting from one or more of the perils designated in the plan, the 
Commission, subject to the terms and conditions hereinafter set 
forth, agrees to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Insured Crop 

1. In this contract, "insured crop" means all varieties of sweet 
cherries produced in Ontario. 

Causes of Loss Not Insured Against 

2. This contract does not insure against and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

3.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated by the 
insured person in Ontario, and, subject to subparagraph (2), this 
contract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

4. — (1) All insured acreage shall be harvested unless the Commis- 
sion, upon application therefor in writing, consents in writing to the 
abandonment or destruction of the insured crop or any part thereof 
and, in such case, the Commission shall determine, 

(a) the potential production of the unharvested acreage; and 

(b) whether the harvesting was prevented by one or more of 
the perils insured against. 

(2) Where an insured person fails to obtain the consent of the 
Commission in accordance with subparagraph (1), no indemnity shall 
be paid in respect of the unharvested acreage. 

Evaluation of Loss 

5.— (1) The amount of loss that shall be taken into account in the 
final adjustment of loss in respect of the total insured acreage shall 
be calculated by multiplying the difference between the guaranteed 
production and the actual production by the established price per 
pound. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) the total orchard run of all insured acreage; and 

(b) the potential production of wholly or partially unharvested 
acreage where the failure to harvest resulted from a cause 
of loss not insured against. 



155 



Reg./Règl. 251 



CROP INSURANCE 



Reg./Règl. 251 



(3) Where the insured crop or any part thereof has suffered dam- 
age from an insured peril to such an extent that it is unsuitable for 
sale, it shall not be counted as production. 

(4) Despite subparagraph (3), where damaged sweet cherries are 
sold to a winery or distillery at less than the prevailing price for 
unblemished fruit, the actual production shall be deemed to be 
reduced by 50 per cent. 

Notice of Loss or Damage 

6.— (1) The insured person shall notify the Commission in writing 
as soon as the damage occurs in order that a pre-harvest inspection 
may be made where, 

(a) loss of the insured crop occurs; or 

(b) the insured crop or any part thereof is, or is intended to be, 
sold on a pick-your-own basis. 

(2) Where the insured person fails to notify the Commission pur- 
suant to subparagraph (1), a claim by the insured person is invalid 
and the insured person's right to indemnity is forfeited. 

Misrepresentation, Violation of Conditions or Fraud 

7. Where the insured person, 

(a) in the application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

8. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

9. Although a person other than the insured person holds an inter- 
est of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the crop; and 

(b) except as provided in paragraph 10, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

10. The insured person may assign all or part of the right to indem- 
nity under this contract in respect of the insured crop but an assign- 
ment is not binding on the Commission and no payment of indemnity 
shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 



(b) the Commission consents thereto in writing. 

Adjustment of Loss 

11.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it deems proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under the contract shall be reduced accordingly. 

Proof of Loss 

12.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sbtty days after the 
earlier of, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 10. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

13. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time For Payment of Indemnpty 

14.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days after the receipt by the Commission of the proof of loss 
form or award, as the case may be. 



156 



Reg./Règl. 251 



ASSURANCE-RECOLTE 



Reg./Règl. 251 



(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

15. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

16. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

17.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 



(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person's last 
post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



.,19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 224, Form 1; O. Reg. 41/83, s. 2; O. Reg. 10/85, 
s. 2; O. Reg. 35/89, s. 2. 



Form 2 

Crop Insurance Act (Ontario) 

APPLICATION FOR CROP INSURANCE FOR 

To: The Crop Insurance Commission of Ontario: 



(name of person, corporation or partnership and if partnership, names of all partners) 



(address) 



(telephone no.) 



applies for crop insurance under the Crop Insurance Act (Ontario) and the regulations, and in support of this application the following facts are 
stated: 

1. Crop Insurance Contract number, if any, unàtHht Crop Insurance Act (Ontario): 

2. This application is made for the insurance coverage on 

3. This application is made for the crop year ending in 19 

4. Description of the farm or farms operated by applicant: 



Farm 
Number 


Lot 


Concession 


Township 


County 


Total 

Acres in 

Farm 


Total 

number of 

Trees or Vines 













































5. The price per unit applied for is: 

6. Production records for the preceding six years are available: 

Yes n No D 

7. Sales records for the preceding year are available: Yes D No D 

8. A deposit of $ accompanies this application. 

Dated at .this day of , 19 

(signature of applicant(s) ) 

(title of official signing for a corporation) 

R.R.O. 1980, Reg. 224, Form 2; O. Reg. 799/83, s. 3. 



157 



Reg./Règl. 251 



CROP INSURANCE 



Reg./Règl. 251 



Form 3 

Crop Insurance Act (Ontario) 
PRODUCTION GUARANTEE REPORT FOR 



1. Insured person 



(name) 



(address) (county) 

2. Crop Insurance Contract No 

3. Crop year covered by this report: 19 

4. Total production during the past six years has been affected by, 

(a) Tree or vine removal D Yes D No; 

(b) Change in Acreage D Yes D No; 

(c) Age of trees or vines D Yes D No; 

(d) Biennial bearing D Yes D No. 

5. Declaration of Previous Yields: 



(telephone no.) 



Year 


Acreage 


Number of Bearing 
Trees or Vines 


Actual Yield 


Cause of Loss 











































6. Average yield for insurance purposes is 

7. Established price per . 

8. Determination of Guaranteed Production: 



Average Yield for 
Insurance Purposes 


Percentage 
Coverage 


Guaranteed 

Production 

(pounds) 









9. Determination of Premium: 



Guaranteed 
Production 


Value at 

Established 

Price 


Premium 
Rate 


Grower's 
Premium 


Premium 
Deposit 


Balance 















Dated at , this . 



. day of . 



.,19.. 



(signature of insured person) 



(signature of authorized representative) 

R.R.O. 1980, Reg. 224, Form 3. 



158 



Reg./Règl. 252 



ASSURANCE-RECOLTE 



Reg./Règl. 252 



REGULATION 252 
CROP INSURANCE PLAN FOR SWEET CORN 

1. The plan in the Schedule is established for the insurance within 
Ontario of sweet corn. R.R.O. 1980, Reg. 225, s. 1 . 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Sweet Corn". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of sweet corn resulting from one or more of 
the perils designated in section 4. 



Definitions 



3. In this plan. 



"average farm yield" means the average of previous yields of the 
planted acreage computed by the Commission on the basis of acre- 
age production records of the insured person or such other basis as 
the Commission determines; 

"processor" means a person engaged in the business of processing 
sweet corn; 

"sweet corn" means sweet corn produced in Ontario for processing; 

"ton" means 2,000 pounds. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan: 

1 . Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 

10. Wind. 

11. Excessive heat. 

12. Any adverse weather condition. 

Designation of Crop Year 

5. The crop year for sweet corn is the period from the 1st day of 
March in any year to the 15th day of October next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
sweet corn shall be deemed to be comprised of. 



(a) the contract of insurance in Form 1; 

(b) the application for insurance; and 

(c) an amendment to any document referred to in clause (a) or 
(b) agreed upon in writing. 

7. An application for insurance shall be filed with the Commission 
not later than the 10th day of May in the crop year or such other date 
as may be determined by the Commission. 

Duration of Contract- 

8. A contract of insurance shall be in force for the crop year in 
respect of which it is made unless it is terminated in accordance with 
the regulations. 

Coverage 

9.— (1) The coverage per acre provided in the crop year under a 
contract of insurance shall be 80 per cent of the average farm yield in 
tons. 

(2) The average yield for each acre of the insured crop shall be 
computed annually by the Commission on the basis of production 
records. 

(3) The number of tons per acre determined under subsections 
(1) and (2) multiplied by the number of insured acres constitutes the 
total guaranteed production under the contract of insurance. 

10. The maximum amount for which the Commission is liable for a 
loss in production under a contract of insurance shall be the amount 
obtained by multiplying the total guaranteed production determined 
under section 9 by the established price per ton determined under 
section 11. 

11. The established price for sweet corn shall be determined by the 
Commission in each crop year on the basis of the grower-processor 
marketing agreement. 

Premiums 

12.— (1) Subject to subsection (2), the total premium payable in 
respect of acreage under contract to a processor is $30 per acre. 

(2) Where, as a result of export sales by the processor, the 
insured person receives less than the contract price for corn sold on 
the domestic market, the total premium shall be reduced in an 
amount to be determined by the Commission based on the ratio of 
the net price received to the net domestic market price. 

(3) Despite any authorization by an insured person in an applica- 
tion for insurance, the payment of the premium is the responsibility 
of the insured person and such premium shall be paid in any event 
not later than ten days after written demand therefor by the Commis- 
sion. 

(4) The premiums prescribed by subsections (1) and (2) include 
payments in respect of premiums made by the Province of Ontario 
and the Government of Canada under the Crop Insurance Act 
(Canada). 

Final Date for Planting 

13. For the purposes of this plan, the final date for planting sweet 
corn in a crop year is the 1st day of July or such other date as may be 
determined from time to time by the Commission. 

Final Date for Harvesting 

14. For the purposes of this plan, the final date for harvesting 
sweet corn in a crop year is the 15th day of October or such other 
date as may be determined from time to time by the Commission. 



159 



Reg./Règl. 252 



CROP INSURANCE 



Reg./Règl. 252 



R.R.O. 1980, Reg. 225, Sched.; O. Reg. 290/81, s. 1; O. Reg. 
308/82, s. 1; O. Reg. 207/86, s. 1; O. Reg. 444/89, s. 1. 



TABLE 


Percentage By-passed of 

Total Acreage Contracted 

by Processing Plant 


Maximum Insurance Liability 

(percentage of average 

farm yield) 


4.9% or less 


80 


5-8.9% 


70 


9-12.9% 


60 


13% or more 


50 



R.R.O. 1980, Reg. 225, Table; O. Reg. 362/84, ss. 1, 2; O. Reg. 
207/86, s. 2; O. Reg. 315/87, ss. 1-4; O. Reg. 458/90, s. 1. 

Form 1 

Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



OF THE FIRST PART 



— and— 



of the of 



in the County (or as the case may be) of , 

hereinafter referred to as "THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
sweet corn under The Ontario Crop Insurance Plan for Sweet Corn, 
hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario), 
and the regulations made thereunder, where in a crop year the 
insured person suffers a loss in the production of sweet corn resulting 
from one or more of the perils designated in the plan, the Commis- 
sion, subject to the terms and conditions hereinafter set forth, agrees 
to indemnify the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Causes of Loss Not Insured Against 

1. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss in the production of the insured crop result- 
ing from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation, plant disease or bird damage unless rec- 
ommended control programs were followed; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
planted in the crop year to sweet corn on the farm or farms operated 
by the insured person in Ontario, whether grown under contract or 



not and, subject to subparagraph (2), this contract applies to all such 
acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that was planted after the final date prescribed for planting 
in the plan; or 

(c) that, in the opinion of the Commission, is not insurable. 

Variation in Planted Acreage 

3.— (1) Where the acreage planted by the insured person in the 
crop year is not the same as that stated in the application for insur- 
ance, the insured person shall, not later than the 15th day of July or 
such other date as may be determined by the Commission, notify the 
Commission in writing of the actual acreage planted. 

(2) Where the actual planted acreage of the insured crop is less 
than that stated in the application for insurance, the total guaranteed 
production and the maximum amount of indemnity shall be reduced 
proportionately. 

(3) Where the actual planted acreage of the insured crop is more 
than that stated in the application for insurance, unless the processor 
increases the contract acreage accordingly, the total guaranteed pro- 
duction, the maximum amount of indemnity and the premium pay- 
able shall not be increased but the production from the total planted 
acreage shall be included in establishing the production of the 
insured person. 

Harvesting of Planted Acreage 

4.— (1) All acreage planted to the insured crop in the crop year 
shall be harvested as sweet corn for processing unless the Commis- 
sion, upon application therefor in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) The final date for the harvesting referred to in subparagraph 
(1) is the 15th day of October or such other date as may be deter- 
mined from time to time by the Commission. 

(3) Where the harvesting of any planted acreage is not completed 
on the date prescribed by subparagraph (2), the insured person shall 
forthwith notify the Commission in writing. 

(4) Where an insured person fails to notify the Commission, in 
accordance with subparagraph (3), no indemnity shall be paid in 
respect of the unharvested acreage. 

Misrepresentation, Violation of Conditions or Fraud 

5. Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 



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Reg./Règl. 252 



(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

6. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

7. Even if a person other than the insured person holds an interest 
of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the total guaranteed produc- 
tion; and 

(b) except as provided in paragraph 8, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

8. The insured person may assign all or part of the insured person's 
right to indemnity under this contract in respect of the insured crop 
but an assignment is not binding on the Commission and no payment 
of indemnity shall be made to an assignee unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Evaluation of Loss 

9.— (1) Where the planting of three acres or more of sweet com 
before the final planting date is prevented by one or more of the des- 
ignated perils, an indemnity shall be paid in respect of each 
unplanted acre calculated on the basis of 20 per cent of the guaran- 
teed production per acre multiplied by the established price per ton. 

(2) Any acreage in respect of which an indemnity is paid under 
subparagraph (1) shall be released from the contract of insurance, 
the guaranteed production and indemnity payable shall be reduced 
accordingly and the production from any such acreage planted to 
sweet corn after the final planting date shall not be taken into 
account in calculating the average farm yield. 

10.— (1) Where loss or damage to three acres or more of the 
insured crop occurs at any time following the planting of the insured 
crop or any part thereof, the Commission upon application therefor 
in writing by the insured person, may consent in writing to, 

(a) the replanting of the damaged acreage, if the replanting is 
completed not later than the 1st day of July; 

(b) the use of the damaged acreage for an alternate crop; or 

(c) the abandonment or destruction of the insured crop on such 
damaged acreage. 

(2) Where the damaged acreage is replanted to sweet corn in 
accordance with clause (1) (a), the Commission shall pay to the 
insured person a supplementary benefit of $35 for each acre 
replanted and the contract of insurance shall continue to apply to 
such replanted acreage. 

(3) Where the damaged acreage is used for an alternative crop in 
accordance with clause (1) (b), the Commission shall pay to the 
insured person a supplementary benefit of $35 for each acre 



replanted, the replanted acreage shall be released from the contract 
of insurance and the guaranteed production and indemnity payable 
shall be reduced accordingly. 

II . — ( 1 ) Where harvesting has been completed, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per ton. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) production delivered to and accepted by a processor; 

(b) production delivered to and rejected by a processor unless 
the rejection resulted from an insured peril; 

(c) production harvested but not delivered to a processor; and 

(d) potential production of wholly or partially unharvested 
acreage unless the failure to harvest resulted from an 
insured peril. 

(3) Despite subparagraph (1), the indemnity payable in respect of 
by-passed acreage shall be calculated on the basis of the by-passing 
record of the processing plant to whom the crop is contracted in 
accordance with the Table. 

Notice of Loss or Damage 

12.— (1) Where loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission in writing within twenty-four 
hours of such time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 
reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of the insured crop 
the actual production is less than the total guaranteed production, 
the insured person shall notify the Commission in writing forthwith. 

Notice of By-Passing 

13. Where acreage is by-passed by the processor, the insured per- 
son shall notify the Commission in writing within twenty-four hours. 

Abandonment, Destruction or Alternate Use 

14.— (1) Acreage planted to the insured crop shall not be put to 
another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage. 

Adjustment of Loss 

15. — (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 



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Reg./Règl. 253 



(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it considers proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 

(5) The indemnity payable with respect to the total planted acre- 
age in the final adjustment of loss shall be the sum of all loss calcula- 
tions applicable to such acreage, but where the actual production of 
any harvested acreage exceeds the guaranteed production of such 
acreage, the indemnity otherwise payable shall be reduced by the 
amount obtained by multiplying such excess by the established price 
per ton. 

Proof of Loss 

16.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after the 
earlier of, 

(a) the completion of harvesting of the insured crop; and 

(b) the end of the crop year. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 8. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

17. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

18.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 



(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

19. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

20. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

21.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the person's last post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 

Countersigned and dated at , this 

day of , 19 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 225, Form 1; O. Reg. 290/81, s. 2; O. Reg. 
277/83, s. 1; O. Reg. 362/84, s. 3; O. Reg. 207/86, s. 3; O. Reg. 
315/87, ss. 5, 6. 



REGULATION 253 
CROP INSURANCE PLAN FOR TOMATOES 

1. The plan in the Schedule is established for the insurance within 
Ontario of tomatoes. R.R.O. 1980, Reg. 226, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Tomatoes". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of tomatoes resulting from one or more of the 
perils designated in section 4. 

Definitions 

3. In this plan, 

"area" means an area designated in column 1 of Table 1; 

"average farm yield" means the average of previous yields of the 
planted acreage computed by the Commission on the basis of acre- 
age production records of the insured person or on such other 
basis as the Commission determines; 

"experience ratio" means the ratio determined by the Commission 



162 



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ASSURANCE-RECOLTE 



Reg./Règl. 253 



calculated by dividing the average production of the three lowest 
yielding years of the preceding six years by the average yield; 

"processor" means a person engaged in the business of processing 
tomatoes; 

"tomatoes" means tomatoes produced in Ontario for processing; 

"ton" means 2,000 pounds. 

Designation of Perils 

4. The following are designated as perils for the purpose of this 
plan; 

1 . Abnormally cool weather. 

2. Drought. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Sunscald. 

10. Wildlife. 

11. Wind. 

Designation of Crop Year 

5. The crop year for tomatoes is the period from the 1st day of 
March in any year to the 20th day of October next following. 

Contract of Insurance 

6. For the purpose of this plan, the entire contract of insurance for 
tomatoes shall be deemed to be comprised of, 

(a) the contract of insurance in Form 1; 

(b) the application for insurance; and 

(c) an amendment to any document referred to in clause (a) or 
(b) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; and 

(b) be filed with the Commission not later than the 1st day of 
May in the crop year or not later than such other date as 
may be determined from time to time by the Commission. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made unless it is terminated in accordance 
with the regulations. 

(2) Despite subsection (1), the contract does not insure against 
and no indemnity shall be paid in respect of any loss or damage 
which occurs prior to the insurance commencement date designated 
in column 2 of Table 1 in respect of the area in which the insured 
acreage is situate. 



Coverage 



9.— (1) The coverage provided in each crop year under a contract 
of insurance shall be, 



(a) 80 per cent of the average yield in tons for the planted acre- 
age accepted by the Commission for coverage; or 

(b) the contract tonnage, 

of the insured person, whichever is the lesser. 

(2) The number of tons determined under subsection (1) consti- 
tutes the total guaranteed production under a contract of insurance. 

(3) Where, in the opinion of the Commission, the insured person 
cannot provide adequate records for the preceding six years of pro- 
duction, the average yield and the experience ratio shall be deter- 
mined by the Commission on such other basis as it may approve. 

10. The established price for tomatoes per ton is, 

(a) $70; 

(b) $80; or 

(c) $90. 

Premiums 

11.— (1) The total premium payable in the crop year shall be calcu- 
lated by the Commission according to Table 2 on the basis of, 

(a) the experience ratio of the insured person; 

(b) the average yield; and 

(c) the established price per ton determined under section 10. 

(2) Despite any authorization by an insured person in an applica- 
tion for insurance, the payment of the premium due in respect of the 
contract of insurance is the liability of the insured person and such 
premium shall be paid in any event not later than ten days after writ- 
ten demand for payment thereof by the Commission. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

Final Date for Planting 

12. For the purposes of this plan, the final date for planting toma- 
toes in a crop year is the 20th day of June. 

Final Date for Harvesting 

13. For the purposes of this plan, the final date for harvesting 
tomatoes in a crop year is the 20th day of October or such other date 
as may be determined from time to time by the Commission. 
R.R.O. 1980, Reg. 226, Sched.; O. Reg. 291/81, ss. 1, 2; O. Reg. 
309/82, ss. 1,2; O. Reg. 309/83, ss. 1,2; O. Reg. 356/84, ss. 1,2; 
O. Reg. 292/85, ss. 1-4; O. Reg. 683/86, ss. 1, 2; O. Reg. 314/87, 
ss. 1, 2; O. Reg. 322/86, s. 1; O. Reg. 472/89, s. 1; O. Reg. 494/90, 
s. 1. 



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Reg./Règl. 253 



TABLE 1 



Column 1 


Column 2 


Area 


Insurance 

Commencement 

Date 


Western Area consisting of the counties of 


Noon Eastern 
Standard Time 

May 1st 




Central Area consisting of the County of 
Prince Edward and that part of Ontario lying 
west of that part of the King's Highway 
known as No. 11, except the counties of 


Noon Eastern 
Standard Time 

May 8th 




Eastern Area consisting of that part of 
Ontario lying east of that part of the King's 
Highway known as No. 11, except the County 


Noon Eastern 
Standard Time 

May 15th 





O. Reg. 309/83, s. 3. 



TABLE 2 



Experience 
Ratio 


Premium 
Rate 


4.00 


5.26 6.50 8.00 9.26 


10.50 


Percentage Coverage 


84 




80 






82 






80 




80 






80 




78 






80 




76 






80 




74 or less 








80 



O. Reg. 472/89, s. 2. 
Form 1 
Crop Insurance Act (Ontario) 
CONTRACT OF INSURANCE 



Between: 



The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



OF THE FIRST PART 



-and- 



of the of 



in the County (or as the case may be) of , 

hereinafter referred to as "THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for crop insurance on 
tomatoes under The Ontario Crop Insurance Plan for Tomatoes, 
hereinafter referred to as "the plan"; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, where in a crop year the insured 
person suffers a loss in the production of tomatoes resulting from one 
or more of the perils designated in the plan, the Commission, subject 



to the terms and conditions hereinafter set forth, agrees to indemnity 
the insured person in respect of such loss. 

TERMS AND CONDITIONS 

Causes of Loss Not Insured Against 

1. This contract does not insure against, and no indemnity shall be 
paid in respect of, a loss in production of the insured crop resulting 
from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; 

(c) insect infestation or plant disease unless recommended 
spray programs were used; or 

(d) a peril other than the perils designated in the plan. 

Extent of Insurance 

2. — (1) The insured person shall offer for insurance all acreage 
planted in the crop year to tomatoes on the farm or farms operated 
by the insured person in Ontario whether grown under contract or 
not and, subject to subparagraph (2), this contract applies to all such 
acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; 

(b) that was planted after the final date prescribed for planting 
in the plan; or 

(c) that, in the opinion of the Commission, is not insurable. 

Indemnity 

3. The maximum indemnity payable for a loss in production of the 
insured crop for the crop year is the amount obtained by multiplying 
the total guaranteed production by the price per ton established in 
the plan, but in no case shall the total guaranteed production exceed 
the tonnage contracted for. 

Variation in Planted Acreage 

4. — (1) Where the acreage planted by the insured person in the 
crop year is not the same as the acreage stated in the application, the 
insured person shall, not later than the 10th day of August, notify the 
Commission in writing of the actual acreage planted. 

(2) Where the actual planted acreage of the insured crop is less 
than the acreage stated in the final acreage report, the total guaran- 
teed production and the maximum amount of indemnity shall be 
reduced proportionately. 

(3) Where the actual planted acreage of the insured crop is more 
than the acreage stated in the final acreage report, the total guaran- 
teed production, the maximum amount of indemnity and the pre- 
mium payable shall not be increased but the production from the 
total planted acreage shall be included in establishing the production 
of the insured person. 

Harvesting of Planted Acreage 

5.— (1) All acreage planted to the insured crop in the crop year 
shall be harvested as tomatoes for processing unless the Commission, 
upon application therefor in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 



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Reg./Règl. 253 



(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) The final date for the harvesting referred to in subparagraph 
(1) is the 20th day of October or such other date as may be deter- 
mined from time to time by the Commission. 

(3) Where the harvesting of any planted acreage is not completed 
on the date prescribed by subparagraph (2), the insured person shall 
forthwith notify the Commission in writing. 

(4) Where an insured person fails to notify the Commission in 
accordance with subparagraph (3), no indemnity shall be paid in 
respect of the unharvested acreage. 

Evaluation of Loss 

6.— (1) Where the seeding or planting of one acre or more of 
tomatoes or an alternate crop before the final planting date is pre- 
vented by one or more of the designated perils, an indemnity may be 
paid in respect of each unseeded or unplanted acre calculated on the 
basis of 20 per cent of the guaranteed production per acre multiplied 
by the established price per ton. 

(2) Where, after the final planting date, one or more acres is 
seeded to an alternate crop, an indemnity may be paid in respect of 
each acre so seeded calculated on the basis of 10 per cent of the guar- 
anteed production per acre multiplied by the established price per 
ton. 

(3) Any acreage in respect of which an indemnity is paid under 
subparagraph (1) or (2) shall be released from the contract of insur- 
ance and, in such case, the guaranteed production and indemnity 
payable shall be reduced accordingly. 

7.— (1) Where loss or damage to one acre or more of the insured 
crop occurs at any time following the planting of the insured crop or 
any part thereof, the Commission, upon application in writing there- 
for by the insured person, may consent in writing to, 

(a) one replanting of the damaged acreage to the insured crop 
and, in such case, the replanting shall be completed not 
later than the 20th day of June in the crop year or such 
other date as may be determined by the Commission; 

(b) the use of the damaged acreage for the planting of another 
crop and, in such case, the replanting shall be completed 
not later than the 1st day of July in the crop year or such 
other date as may be determined by the Commission; or 

(c) the abandonment or destruction of the insured crop on such 
damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential 
production thereof. 

(2) Where damaged acreage is replanted to the insured crop in 
accordance with clause (1) (a), the contract of insurance shall con- 
tinue to apply to such replanted acreage. 

(3) Where the damaged acreage is replanted to an alternate crop 
under clause (1) (b), an indemnity shall be paid and the indemnity 
shall be the lesser of, 

(a) the original cost to the producer of the plants or seed mix- 
ture in respect of which loss or damage was suffered; or 

(b) the price per thousand of local transplants or hybrid plants 
negotiated under the Farm Products Marketing Act multi- 
plied by fourteen. 

8. Where the insured crop suffers damage from an insured peril 
and the insured person incurs unusual or increased hand harvesting 
costs as a result, the Commission may adjust the actual production of 
the insured crop accordingly. 



9. — (1) Where the actual production of the insured acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per ton. 

(2) For the purpose of subparagraph (1), actual production shall 
include, 

(a) production delivered to and accepted by a processor; 

(b) production delivered to and rejected by a processor unless 
the rejection resulted from a cause of loss designated in the 
plan; 

(c) production harvested but not delivered to a processor; and 

(d) potential production of wholly or partially unharvested 
acreage unless the failure to harvest resulted from an 
insured peril. 

10. The indemnity payable with respect to the total planted acre- 
age shall be the sum of all loss calculations applicable to such acre- 
age, but where the actual production of any acreage, as determined 
under paragraph 9, exceeds the guaranteed production of such acre- 
age, the indemnity otherwise payable for a loss in production shall be 
reduced by the amount obtained by multiplying such excess by the 
established price per ton. 

Misrepresentation, Violation of Conditions or Fraud 

1 1 . Where the insured person, 

(a) in an application for insurance, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud in respect of the insured crop; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

Waiver or Alteration 

12. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

13. Even if a person other than the insured person holds an inter- 
est of any kind in the insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the total guaranteed produc- 
tion; and 

(b) except as provided in paragraph 14, no indemnity shall be 
paid to any person other than the insured person. 



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Reg./Règl. 253 



Assignment of Right to Indemnity 

14. The insured person may assign all or part of the insured per- 
son's right to indemnity under this contract in respect of the insured 
crop but an assignment is not binding on the Commission and no 
payment of indemnity shall be made to an assignee unless. 



(a) 



the assignment is made on a form provided by the Commis- 
sion; and 



(b) the Commission consents thereto in writing. 

Notice of Loss or Damage 

15.— (1) Where loss or damage to the insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
replant or use the planted acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to the insured crop occurs and the 
damage was occasioned at a readily ascertainable time, the insured 
person shall notify the Commission in writing within five days of such 
time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 
reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of the insured crop 
the actual production is less than the total guaranteed production, 
the insured person shall notify the Commission in writing within five 
days of completion of harvesting. 

Abandonment, Destruction or Alternate Use 

16.— (1) Acreage planted to the insured crop shall not be put to 
another use and the insured crop shall not be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage. 

Adjustment of Loss 

17.— (1) The indemnity payable for loss or damage to the insured 
crop shall be determined in the manner prescribed by this contract. 

(2) The Commission may cause the production of the insured 
crop to be appraised by any method that it considers proper. 

(3) No indemnity shall be paid for a loss in respect of the insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production or part thereof resulted directly 
from one or more of the perils insured against. 

(4) Where a loss in production resulted partly from a peril 
insured against and partly from a cause of loss not insured against, 
the Commission shall determine the amount of the loss that resulted 
from the cause of loss not insured against, and the indemnity payable 
by the Commission under this contract shall be reduced accordingly. 



Proof of Loss 

18.— (1) A claim for indemnity in respect of the insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sbcty days after the 
earlier of, 

(a) the completion of harvesting of the insured crop; and 

(b) the end of the crop year. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 14. 

(4) Where required by the Commission, the information given in 
a proof of loss form shall be verified by statutory declaration. 

Arbitration 

19. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

20.— (1) No indemnity under this contract becomes due and pay- 
able until, 

(a) the end of the crop year; and 

(b) the premium has been paid in full. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

21. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

22. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Notice 

23.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the insured person's last post office address on file with the Commis- 
sion. 



166 



Reg./Règl. 253 



ASSURANCE-RÉCOLTE 



Reg./Règl. 254 



In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at . 
this day of 



19.. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 226, Form 1; O. Reg. 291/81, s. 4; O. Reg. 
309/82, s. 3; O. Reg. 309/83, s. 5; O. Reg. 356/84, ss. 4, 5; O. Reg. 
292/85, s. 6; O. Reg. 683/86, ss. 3-7; O. Reg. 314/87, ss. 3-5; 
O. Reg. 472/89, s. 3. 



REGULATION 254 
CROP INSURANCE PLAN FOR WHITE BEANS 

1. The plan in the Schedule is established for the insurance within 
Ontario of white beans. R.R.O. 1980, Reg. 228, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 
PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
White Beans". 

2. The purpose of this plan is to provide for insurance against a 
loss in the production of white beans resulting from one or more of 
the perils designated in section 4. 

Definitions 

3. In this plan, 

"average farm yield" means the average yield of the planted acreage, 

(a) for the ten-year period immediately preceding the current 
year computed on the basis of the acreage production 
records of the insured person, or 

(b) for the number of years of enrolment in the plan computed 
on the basis of the acreage production records of the 
insured person or on another basis that is reasonable in the 
circumstances, where the insured person has not been 
enrolled in the plan for ten years; 

"hundredweight" means 100 pounds of beans, the moisture content 
of which is not more than 18 per cent; 

"white beans" means white pea-beans produced in Ontario. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 



6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 
10. Wind. 

Designation of Crop Year 

5. The crop year for white beans is the period from the 1st day of 
March in any year to the last day of February next following. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for white beans shall be deemed to be comprised of, 

(a) the contract of insurance in the form prescribed by Regula- 
tion 256 of Revised Regulations of Ontario, 1990; 

(b) an endorsement for white beans in Form 1; 

(c) the application for insurance; 

(d) the final acreage report for each crop year; and 

(e) an amendment to any document referred to in clause (a), 
(b), (c) or (d) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by a premium deposit of $1 per acre; and 

(c) be filed with the Commission not later than the 1st day of 
May in the crop year. 

Duration of Contract 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 1st day of May in the crop year during which the cancella- 
tion is to be effective. 

Coverage 

9. For the purpose of calculating the average farm yield, the Com- 
mission shall, on an annual basis, compare the actual yield in each 
year of the ten-year period used to calculate the average farm yield 
with the average farm yield itself and, 

(a) if the actual yield in a year exceeds the insured person's ten 
year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted ^ Actual _ 2 
Yield Yield 3 



[Actual _ /Average x i 3 \1 
Yield V Yield ' /J 



(b) if the actual yield in a year falls short of the insured person's 
ten year average by more than 30 per cent, shall adjust the 
actual yield according to the formula. 



Adjusted _ Actual 2 
Yield Yield 3 



K Average ^ g y\_ Actual l 
Yield ■ / Yield J 



Wl 



Reg./Règl. 254 



CROP INSURANCE 



Reg./Règl. 254 



10.— (1) Subject to subsections (4) and (5), the initial coverage 
provided under a contract of insurance shall be 75 per cent of the 
average farm yield in pounds of the total acreage planted to white 
beans by the insured person. 

(2) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was no 
claim shall be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 



any established price designated in section 1 1 may be substituted for 
the established price selected by the insured person at the time a con- 
tract of insurance is made, or any established price substituted in lieu 
thereof under this section. 

(2) Where, upon any renewal, the insured person fails to select 
an established price pursuant to subsection (1), the Commission may 
designate the established price applicable to the contract for the crop 
year. 

13. The maximum indemnity payable for a loss in production of 
white beans in a crop year is the amount obtained by multiplying the 
total guaranteed production determined under section 10 by the 
established price per hundredweight determined under section 11. 



(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in pounds of the total acreage planted to 
white beans by the insured person. 

(3) Subject to subsections (4) and (5), the coverage provided 
under a contract of insurance following a year in which there was a 
claim shall be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in pounds of the total acreage planted to 
white beans by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

11. For the purposes of this plan, the established price per hun- 
dredweight for white beans is, 

(a) $14; or 

(b) $20. 
12.-(1) Where, 

(a) the insured person applies therefor in writing on or before 
the 1st day of May in a crop year; and 

(b) the Commission consents in writing. 



Premiums 
14.— (1) The total premium is, 

(a) $25.20 per acre where the established price is $14 per hun- 
dredweight; and 

(b) $36 per acre where the established price is $20 per hundred- 
weight. 

(2) Despite subsection (1), the total premium is 80 per cent of the 
total premium prescribed by subsection (1) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage and an actual farm yield for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person for white beans exceed indemnity paid. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Province of Ontario and the 
Government of Canada under the Crop Insurance Act (Canada). 

15.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
plants acreage to white beans. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium, less the premium deposit, if 
any, to the Commission at the time the insured person files the final 
acreage report prescribed by section 16. 

Final Acreage Reports 

16.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 
mission within ten days after the planting of acreage to white beans is 
completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

17.— (1) The Commission may revise the final acreage report in 
any or all respects and adjust the premium accordingly and, in such 
case, shall notify the insured person in writing forthwith respecting 
such revision and adjustment. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 



168 



Reg./Règl. 254 



ASSURANCE-RECOLTE 



Reg./Règl. 254 



that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium or premium deposit paid in respect of that crop year. 

(S) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

18.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare the final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A report that is mailed shall be deemed to be served three 
days after it is mailed. 

Final Planting Date 

19. For the purposes of this plan, the final date for planting white 
beans in a crop year is the 1st day of July or such other date as may 
be determined from time to time by the Commission. R.R.O. 1980, 
Reg. 228, Sched.; O. Reg. 305/81, s. 1; O- Reg. 93/82, ss. 1-4; 
O. Reg. 216/82, s. 1; O. Reg. 48/83, ss. 1-3; O. Reg. 139/84, ss. 1-3; 
O. Reg. 301/85, ss. 1-3; O. Reg. 324/87, ss. 1-3; O. Reg. 189/88, 
s. 1; O. Reg. 295/89, s. 1; O. Reg. 476/90, s. 1. 

TABLE 



Spring Sown Crops in Order of Priority 


1. 


Corn 


2. 


Soybeans 


3. 


White Beans 


4. 


Coloured Beans 


5. 


Spring Grain 


6. 


Canola 


7. 


Sunflowers 


8. 


Red Spring Wheat 



O. Reg. 305/81, s. 2; O. Reg. 301/85, s. 4; O. Reg. 324/87, s. 4; 
O. Reg. 295/89, s. 2. 

Form 1 

Crop Insurance Act (Ontario) 

WHITE BEAN ENDORSEMENT 

Whereas the insured person has applied for crop insurance for 
white beans under The Ontario Crop Insurance Plan for White 
Beans, hereinafter referred to as "the plan", and has paid the 
deposit premium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, the contract of insurance between 
The Crop Insurance Commission of Ontario and the insured person 
is hereby extended to cover white beans. 

Harvesting of Planted Acreage 

1.— (1) All acreage planted to white beans in a crop year shall be 



harvested as white beans unless the Commission, upon application 
therefor in writing, consents in writing to, 

(a) the use of the planted acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) Where the harvesting of any planted acreage is not completed 
and the failure to harvest was not caused by an insured peril, the con- 
tract of insurance shall cease to apply to such unharvested acreage 
and no indemnity shall be payable therefor. 

Evaluation of Loss 

2.— (1) An indemnity shall be paid for the acreage set out in sub- 
paragraph (2) in the amount set out in subparagraph (3), where, 

(a) all of the acres planted to the crops listed in the Table to 
this Regulation are offered for insurance; 

(b) the insured person elects the indemnity on the application 
for insurance; 

(c) the insured person pays a premium deposit of $1 of each 
acre intended to be planted to the crops listed in the Table; 

(d) one or more of the designated perils prevents the planting, 

(i) of three acres or more, in the case of systematically 
tile drained land, or 

(ii) of six acres or more, in the case of land that is not 
systematically tile drained; and 

(e) the insured person notifies the Commission of the insured 
person's inability to plant the acres to the crops listed in the 
Table by the 15th day of June in the crop year. 

(2) The indemnity shall be paid, 

(a) for each unplanted acre, in the case of systematically tile 
drained land; or 

(b) for each unplanted acre in excess of three unplanted acres, 
in the case of land that is not systematically tile drained. 

(3) The amount of the indemnity shall be one-third of the guaran- 
teed production per acre of the crop with the highest priority as set 
out in the Table of the crops intended to be planted and insured by 
the insured person multiplied by the established price for that crop. 

(4) No indemnity shall be payable under this paragraph for land 
for which the same indemnity was paid by the Commission in the 
immediately preceding year. 

(5) Where the insured person plants a crop in respect of which 
crop production insurance was applied for, the premium deposit for 
the acreage so planted shall be applied against the regular premium. 

(6) Where the insured person plants a crop which is not listed in 
the Table, the premium deposit in respect of such acreage shall be 
refunded. 

(7) Where the insured person is unable to plant acreage desig- 
nated on the application as intended to be sown to a spring sown 
crop, the premium deposit in respect of such acreage shall be 
retained by the Commission as payment for the coverage provided. 

(8) This paragraph does not apply to, and no indemnity is pay- 
able in respect of, land, 

(a) that is orchard land, pasture, woodland, planted to a peren- 
nial crop, fall sown or intended for summer fallow; 



169 



Reg./Règl. 254 



CROP INSURANCE 



Reg./Règl. 255 



(b) that is untilled and was not cropped in the previous year; or 

(c) that, in the opinion of the Commission, is not insurable. 

(9) Where the planting is prevented by excessive rainfall, no 
indemnity is payable unless the insured person establishes that, 

(a) an abnormal amount of rain occurred; 

(b) the rainfall resulted in a reduced number of work days; and 

(c) a significant number of other insured persons were similarly 
affected, 

during the planting season in the area where the insured acreage is 
situate. 

3.— (1) Where loss or damage to three acres or more of the insured 
crop resulting from an insured peril occurs prior to the 1st day of July 
in the crop year, the Commission, upon application therefor in writ- 
ing by the insured person, may consent in writing to the replanting of 
the damaged acreage. 

(2) Where the damaged acreage is replanted in accordance with 
subparagraph (1), the Commission shall pay a supplementary benefit 
to the insured person calculated at the rate of $30 for each replanted 



(3) Where the damaged acreage is replanted to white beans, the 
contract of insurance shall continue to apply to such replanted acre- 
age. 

(4) The total number of acres in respect of which a replanting 
benefit is paid in a crop year shall not in any case exceed the total 
number of insured acres. 

4.— (1) Where loss or damage occurs prior to harvest, the Com- 
mission, upon application therefor in writing by the insured person, 
may consent in writing to the use of the damaged acreage for any 
other purpose or to the abandonment or destruction of the insured 
crop on such damaged acreage and, in such case, the Commission 
shall determine the number of damaged acres and the potential pro- 
duction thereof. 

(2) Where damaged acreage is used for any other purpose or the 
insured crop thereon is abandoned or destroyed in accordance with 
subparagraph (1), the amount of loss that shall be taken into account 
in the final adjustment of loss in respect of the total planted acreage 
shall be calculated by multiplying the difference between guaranteed 
production for the damaged acreage and the potential production for 
the damaged acreage determined under subparagraph (1) by the 
established price per hundredweight. 

(3) Where damaged acreage is not used for any other purpose or 
the crop thereon is not abandoned or destroyed after the Commis- 
sion has consented thereto, the amount of loss calculated under sub- 
paragraph (2) shall not be taken into account in the final adjustment 
of loss. 

(4) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total planted acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per hundredweight. 

(5) Where the crop contains damaged or foreign material, the 
actual production thereof shall be deemed to be reduced in an 
amount to be determined by the Commission. 

(6) Where, as the result of an insured peril causing discoloration, 
the insured crop or any part thereof is sold at a reduced price, the 
actual production thereof shall be deemed to be reduced in the ratio 
that the price reduction bears to the highest established price under 
the plan. 



Final Adjustment of Loss for Total Insured Acreage 

5. The indemnity payable with respect to the total insured acreage 
in the final adjustment of loss shall be the sum of all loss calculations 
made under paragraphs 2, 3 and 4 applicable to such acreage, but 
where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable in respect of loss calculations made under para- 
graph 4 shall be reduced by the amount obtained by muhiplying such 
excess by the established price per hundred-weight. 

Incorrect Acreage in Final Acreage Report 

6. — (1) Where the actual planted acreage of white beans in a crop 
year is less than the planted acreage declared on the final acreage 
report, the guaranteed production shall be decreased proportion- 
ately in calculating whether there has been a loss and the actual pro- 
duction shall be used in calculating the average production for pur- 
poses of determining coverage for the following crop year and there 
shall be no refund of premium. 

(2) Where the actual planted acreage of white beans in a crop 
year exceeds the planted acreage declared on the final acreage 
report, the actual production shall be used in calculating whether 
there has been a loss and, 

(a) where the calculation indicates a loss, such actual produc- 
tion shall be used; or 

(b) where the calculation does not indicate a loss, such actual 
production shall be reduced proportionately, 

in calculating the average production for purposes of determining 
coverage for the following crop year. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this endorsement to be signed by its general manager but 
the same shall not be binding upon the Commission until counter- 
signed by a duly authorized representative thereof. 



Countersigned and dated at 
this day of 



19., 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 228, Form 2; O. Reg. 305/81, s. 4; O. Reg. 
93/82, s. 5; O. Reg. 48/83, ss. 4, 5; O. Reg. 301/85, s. 6; O. Reg. 
324/87, ss. 5, 6; O. Reg. 189/88, s. 2; O. Reg. 295/89, s. 3. 



REGULATION 255 

CROP INSURANCE PLAN FOR WINTER WHEAT 

1. The Plan in the Schedule is established for the insurance within 
Ontario of winter wheat. R.R.O. 1980, Reg. 229, s. 1. 

Schedule 

Crop Insurance Act (Ontario) 

PLAN 

1. This plan may be cited as "The Ontario Crop Insurance Plan for 
Winter Wheat". 



170 



Reg./Règl. 255 



ASSURANCE-RECOLTE 



Reg./Règl. 255 



2. The purpose of this plan is to provide for insurance against a 
loss in the production of winter wheat resulting from one or more of 
the perils designated in section 4. 



Definitions 



3. In this plan. 



"average farm yield" means the average of previous yields of the 
seeded acreage computed on the basis of acreage production 
records of the insured person or on such other basis as the Com- 
mission approves; 

"bushel" means 60 pounds of winter wheat, the moisture content of 
which does not exceed 14.5 per cent; 

"winter wheat" means soft white winter wheat and hard red winter 
wheat produced in Ontario. 

Designation of Perils 

4. The following are designated as perils for the purposes of this 
plan: 

1. Drought. 

2. Excessive moisture. 

3. Excessive rainfall. 

4. Flood. 

5. Frost. 

6. Hail. 

7. Insect infestation. 

8. Plant disease. 

9. Wildlife. 

10. Wind. 

11. Winterkill. 

Designation of Crop Year 

5. The crop year for winter wheat is the period from the 1st day of 
September in any year to the 31st day of August in the year next fol- 
lowing. 

Contract of Insurance 

6. For the purposes of this plan, the entire contract of insurance 
for winter wheat shall be deemed to be comprised of, 

(a) an endorsement for winter wheat in Form 1; 

(b) an application for insurance; 

(c) the final acreage report for each crop year; 

(d) an amendment to any document referred to in clause (a), 
(b) or (c) agreed upon in writing. 

7. An application for insurance shall, 

(a) be in a form provided by the Commission; 

(b) be accompanied by the whole of the premium payable by 
the insured person; and 

(c) be filed with the Commission not later than the 31st day of 
October in the crop year in respect of which it is made. 



Duration of Contracf 

8.— (1) A contract of insurance shall be in force for the crop year 
in respect of which it is made, and shall continue in force for each 
crop year thereafter until it is cancelled by the insured person or the 
Commission in the manner prescribed by subsection (2) or is termi- 
nated in accordance with the regulations. 

(2) A contract of insurance may be cancelled by the insured per- 
son or the Commission by notice in writing to the other party on or 
before the 31st day of October in the crop year during which the can- 
cellation is to be effective. 

Coverage 

9. — (1) The initial coverage provided under a contract of insurance 
shall be 75 per cent of the average farm yield in bushels of the total 
acreage seeded to winter wheat by the insured person. 

(2) Subject to subsection (4), the coverage provided under a con- 
tract of insurance following a year in which there was no claim shall 
be, 

(a) where the previous year's coverage was 70 per cent, 73 per 
cent; 

(b) where the previous year's coverage was 73 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 78 per 
cent; 

(d) where the previous year's coverage was 78 per cent, 80 per 
cent; and 

(e) where the previous year's coverage was 80 per cent, 80 per 
cent, 

of the average farm yield in bushels of the total acreage seeded to 
winter wheat by the insured person. 

(3) Subject to subsection (4), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall 
be, 

(a) where the previous year's coverage was 80 per cent, 78 per 
cent; 

(b) where the previous year's coverage was 78 per cent, 75 per 
cent; 

(c) where the previous year's coverage was 75 per cent, 73 per 
cent; 

(d) where the previous year's coverage was 73 per cent, 70 per 
cent; and 

(e) where the previous year's coverage was 70 per cent, 70 per 
cent, 

of the average farm yield in bushels of the total acreage seeded to 
winter wheat by the insured person. 

(4) Where, in any year, a claim is paid in an amount that is less 
than one-half of the total premium for that year, the coverage for the 
following year shall remain unchanged. 

(5) Despite clause (3) (a), the coverage provided under a con- 
tract of insurance following a year in which there was a claim shall be 
80 per cent where, 

(a) the insured person has had coverage and an actual farm 
yield for at least five years; and 

(b) the previous year's coverage was 80 per cent. 

10. The maximum amount for which the Commission is liable for a 



171 



Reg./Règl. 255 



CROP INSURANCE 



Reg./Règl. 255 



loss in production under a contract of insurance is the amount 
obtained by inultiplying the total guaranteed production determined 
under section 9 by the established price per bushel prescribed by sec- 
tion 11. 

11.— (1) For the purposes of this plan, the grower may select an 
established price per bushel for winter wheat of, 

(a) $2.75; 

(b) $3.25; or 

(c) $3.75. 

(2) Where, 

(a) the insured person applies therefor in writing on or before 
the 31st day of October in a crop year; and 

(b) the Commission consents in writing, 

any established price designated in subsection (1) may be substituted 
for the established price selected by the insured person at the time a 
contract of insurance is made or for any established price substituted 
in lieu thereof under this subsection. 

(3) Where, upon any renewal, the insured person fails to select 
an established price pursuant to subsection (2), the Commission may 
designate the established price applicable to the contract for the crop 
year. 

Premiums 

12.— (1) The total premium is, 

(a) $6.50 per acre where the established price is $2.75 per 
bushel; 

(b) $7.60 per acre where the established price is $3.25 per 
bushel; or 

(c) $8.80 per acre where the established price is $3.75 per 
bushel. 

(2) Despite subsection (1), the minimum premium payable by an 
insured person in each crop year is $25. 

(3) The premium prescribed by subsection (1) includes payments 
in respect of premiums made by the Government of Canada under 
the Crop Insurance Act (Canada). 

(4) Despite subsections (1) and (2), the total premium is 80 per 
cent of the total premium prescribed by subsection (1) or subsection 
(2) if, 

(a) the coverage is 80 per cent and the insured person has had 
coverage for at least five years; and 

(b) based on Commission records, total premiums paid by the 
insured person since 1972 for winter wheat exceed indem- 
nity paid to the insured person since 1972. 

13.— (1) Where a contract of insurance is in force, a premium shall 
be paid in respect of each crop year in which the insured person 
seeds acreage to winter wheat. 

(2) Where a premium is payable in respect of a crop year, the 
insured person shall pay the premium to the Commission at the time 
the insured person files the final acreage report prescribed by section 
14. 

Final Acreage Reports 

14.— (1) Every insured person shall file with the Commission in 
each crop year a final acreage report in a form provided by the Com- 



mission within ten days after the seeding of the acreage to winter 
wheat is completed. 

(2) A final acreage report filed with the Commission shall not be 
amended without the consent in writing of the Commission. 

15.— (1) The Commission may revise the final acreage report in 
any or all respects and, in such case, shall notify the insured person 
in writing forthwith respecting such revision. 

(2) The insured person shall be deemed to have agreed with the 
revision of the final acreage report made by the Commission under 
subsection (1) unless the insured person notifies the Commission in 
writing that the insured person rejects the revision within ten days 
after the Commission notification is served on the insured person. 

(3) For the purposes of subsection (2), the Commission notifica- 
tion may be served by personal delivery or by mailing it to the 
insured person's last known address, in which case the notification 
shall be deemed to be served three days after it is mailed. 

(4) Where the Commission receives notice from an insured per- 
son under subsection (2), it shall notify the insured person in writing 
that the contract of insurance does not apply for the crop year in 
respect of which the final acreage report was filed and shall refund 
any premium paid in respect of that crop year. 

(5) A final acreage report revised under this section shall, failing 
notice under subsection (2), constitute the final acreage report for 
the crop year. 

16.— (1) Where an insured person in any crop year fails to file a 
final acreage report in the form and manner prescribed by this Regu- 
lation, the Commission may, 

(a) prepare a final acreage report; or 

(b) declare the insured acreage to be nil. 

(2) Where the Commission prepares a final acreage report under 
subsection (1), the Commission shall serve a copy of the report on 
the insured person either by personal delivery or by mailing it to the 
insured person's last known address. 

(3) Every insured person shall pay the premium for the crop year 
in respect of which a final acreage report is prepared by the Commis- 
sion within ten days after the insured person has been served with a 
copy of it. 

(4) A mailed report is considered served three days after it is 
mailed. 

Final Date for Seeding 

17. For the purposes of this plan, the final date for seeding winter 
wheat in a crop year is the 31st day of October or such other date as 
may be determined from time to time by the Commission. 

Final Date for Harvesting 

18. For the purposes of this plan, the final date for harvesting win- 
ter wheat in a crop year is the 31st day of August or such other date 
as may be determined from time to time by the Commission. 
R.R.O. 1980, Reg. 229, Sched.; O. Reg. 99/82, ss. 1-5; O. Reg. 
571/83, ss. 1-3; O. Reg. 63.5/84, ss. 1-3; O. Reg. 619/85, ss. 1-3; 
O. Reg. 695/86, s. 1; O. Reg. 681/87, s. 1; O. Reg. 201/89, s. 1; 
O. Reg. 462/90, s. 1. 

Form 1 



Crop Insurance Act (Ontario) 



Between: 



172 



Reg./Règl. 255 



ASSURANCE-RECOLTE 



Reg./Règl. 255 



The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



OF THE FIRST PART 



-and— 



ofthe of 



in the County (or as the case may be) of , 

hereinafter referred to as "THE INSURED PERSON", 

of the second part 

Whereas the insured person has applied for crop insurance for 
winter wheat under The Ontario Crop Insurance Plan for Winter 
Wheat, hereinafter referred to as "the plan" and has paid the deposit 
prennium prescribed thereunder; 

Now Therefore, subject to the Crop Insurance Act (Ontario) and 
the regulations made thereunder, where in a crop year the insured 
person suffers a loss resulting from one or more of the perils desig- 
nated in the plan, the Commission, subject to the terms and condi- 
tions hereinafter set forth, agrees to indemnify the insured person in 
respect of such loss. 

TERMS AND CONDITIONS 

Causes of Loss Not Insured Against 

1. This contract does not insure against, and no indemnity shall be 
paid in respect of a loss resulting from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 

(b) a shortage of labour or machinery; or 

(c) a peril other than the perils designated in the plan. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
planted to the insured crop on the farm or farms operated by the 
insured person in Ontario and, subject to subparagraph (2), this con- 
tract applies to all such acreage. 

(2) This contract does not apply to, and no indemnity is payable 
in respect of, acreage planted to the insured crop, 

(a) that was not adequately prepared for cropping purposes; or 

(b) that, in the opinion of the Commission, is not insurable. 

Harvesting of Seeded Acreage 

3.— (1) All acreage seeded to winter wheat in a crop year shall be 
harvested unless the Commission, upon application therefor in writ- 
ing, consents in writing to, 

(a) the use of the seeded acreage or any part thereof for 
another purpose; or 

(b) the abandonment or destruction of the insured crop or any 
part thereof. 

(2) The harvesting referred to in subparagraph (1) shall be com- 
pleted not later than the 31st day of August or such other date as 
may be determined from time to time by the Commission. 

Evaluation of Loss 

4. For the purposes of determining the loss in production of winter 
wheat in a crop year and the indemnity payable therefor, the value of 



the crop shall progress through the stages prescribed in paragraphs 5 
and 6. 

Stage 1 

5. — (1) Stage 1 comprises the period from the date on which the 
seeding of acreage to winter wheat is completed to and including the 
Ist day of July in the crop year. 

(2) Where loss or damage occurs in Stage 1, the Commission, 
upon application in writing by the insured person, may consent in 
writing to the seeding of the damaged acreage to another crop. 

(3) Where the damaged acreage is three acres or more and the 
Commission consents to the seeding of the damaged acreage to 
another crop, the contract of insurance shall cease to apply to the 
reseeded acreage, the total guaranteed production shall be reduced 
accordingly and the Commission shall pay to the insured person for 
each acre reseeded a reseeding benefit of, 

(a) $30 per acre where the established price is $3 per bushel; 

(b) $35 per acre where the established price is $3.50 per bushel; 
or 

(c) $40 per acre where the established price is $4 per bushel. 

(4) Where the insured person elects to harvest the insured crop 
on the damaged acreage and the damaged acreage is not reseeded, 

(a) the Commission shall determine the number of damaged 
acres and the potential production thereof; 

(b) the amount of loss that shall be taken into account in the 
final adjustment of loss in respect of the total seeded acre- 
age shall be calculated by multiplying the established price 
per bushel by the lesser of, 

(i) 50 per cent of the guaranteed production for the 
damaged acreage, or 

(ii) the difference between the guaranteed production 
and the potential production determined by the 
Commission; and 

(c) the value of the crop shall proceed into Stage 2. 

(5) Despite any application made in writing by the insured per- 
son, the Commission may, where loss or damage occurs in Stage 1, 
notify the insured person in writing that it intends to terminate the 
insurance coverage on the damaged acreage and to calculate the 
amount of loss in the manner prescribed in clause (4) (b) with 
respect to the damaged acreage and, where notice of such intention 
has been given, the Commission shall calculate accordingly the 
amount of loss to be taken into account in the final adjustment of 
loss and the value of the insured crop on such damaged acreage shall 
not progress beyond Stage 1. 

Stage 2 

6.— (1) Stage 2 commences on the 2nd day of July in the crop year 
and, with respect to any part of the seeded acreage, ends with the 
completion of harvesting of such part. 

(2) Where loss or damage occurs in Stage 2, the Commission, 
upon application therefor in writing by the insured person, may con- 
sent in writing to the abandonment or destruction of the insured crop 
on such damaged acreage and, in such case, the Commission shall 
determine the number of damaged acres and the potential produc- 
tion thereof. 

(3) Where the insured crop is abandoned or destroyed in accor- 
dance with subparagraph (2), the amount of loss that shall be taken 
into account in the final adjustment of loss in respect of the total 
seeded acreage shall be calculated by multiplying the difference 
between. 



173 



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CROP INSURANCE 



Reg./Règl. 255 



(a) the guaranteed production for the damaged acreage; and 

(b) the potential production determined under subparagraph 
(2) for the damaged acreage, 

by the established price per bushel. 

(4) Where the crop is not abandoned or destroyed after the Com- 
mission has consented thereto, the amount of loss calculated under 
subparagraph (3) shall not be taken into account in the final adjust- 
ment of loss. 

(5) Where the actual production of the harvested acreage is less 
than the guaranteed production for such acreage, the amount of loss 
that shall be taken into account in the final adjustment of loss in 
respect of the total seeded acreage shall be calculated by multiplying 
the difference between the guaranteed production and the actual 
production by the established price per bushel. 

Quality Coverage 

7. Where the insured crop is reduced below Grade 2 due to an 
insured peril, the actual production shall be deemed to be, 

(a) for Grade 3, 90 per cent of the yield harvested; 

(b) for Feed, 85 per cent of the yield harvested. 

Final Adjustment of Loss for Total Seeded Acreage 

8. The indemnity payable with respect to the total seeded acreage 
in the final adjustment of loss shall be the sum of all Stage 1 and 
Stage 2 loss calculations applicable to such acreage, but where, 

(a) the actual production of any harvested acreage; or 

(b) the potential production of any unharvested acreage, 

exceeds the guaranteed production of such acreage, the indemnity 
otherwise payable for a loss in production shall be reduced by the 
amount obtained by multiplying such excess by the established price 
per bushel. 

Incorrect Acreage in Final Acreage Report 

9.— (1) Where the actual seeded acreage of winter wheat in a crop 
year is less than the seeded acreage declared on the final acreage 
report, the guaranteed production and the amount of insurance shall 
be reduced in the proportion that the actual acreage bears to the 
declared acreage. 

(2) Where the actual seeded acreage of winter wheat in a crop 
year exceeds the seeded acreage declared on the final acreage report, 
the production from the total seeded acreage shall be counted and 
there shall be no increase in the total guaranteed production or the 
maximum amount of indemnity payable. 

Misrepresentation, Violation of Conditions or Fraud 

10. Where, in respect of an insured crop, the insured person, 

(a) in an application for insurance or a final acreage report, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, a claim by the insured person is 



invalid and the insured person's right to recover indemnity 
is forfeited. 

Waiver or Alteration 

11. No term or condition of this contract shall be deemed to be 
waived or altered in whole or in part by the Commission unless the 
waiver or alteration is clearly expressed in writing signed by the 
Commission or a representative authorized for that purpose by the 
Commission. 

Interest of Other Persons 

12. Even if a person other than the insured person holds an inter- 
est of any kind in an insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the total guaranteed produc- 
tion; and 

(b) except as provided in paragraph 13, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

13. The insured person may assign all or part of the insured per- 
son's right to indemnity under this contract in a crop year in respect 
of an insured crop but an assignment is not binding on the Commis- 
sion and no payment of indemnity shall be made to an assignee 
unless, 

(a) the assignment is made on a form provided by the Commis- 
sion; and 

(b) the Commission consents thereto in writing. 

Notice of Loss or Damage 

14.— (1) Where loss or damage to an insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
reseed or use the seeded acreage for another purpose, the insured 
person shall notify the Commission in writing of such intention and 
shall take no further action without the consent in writing of the 
Commission. 

(2) Where loss or damage to an insured crop occurs and the dam- 
age was occasioned at a readily ascertainable time, the insured per- 
son shall notify the Commission in writing within five days of such 
time. 

(3) Where loss or damage to an insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after seeding and before the completion of harvesting of the 
insured crop that the potential production of the insured crop will be 
less than the total guaranteed production, the insured person shall, 
as soon as the loss or damage is apparent, notify the Commission in 
writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of an insured crop, 
the actual production is less than the total guaranteed production, 
the insured person shall notify the Commission in writing within five 
days of completion of harvesting. 

Abandonment, Destruction or Alternate Use 

15.— ■(!) No acreage seeded to an insured crop shall be put to 
another use and no insured crop shall be abandoned or destroyed 
until the Commission has appraised the potential production of the 
acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage. 



174 



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ASSURANCE-RECOLTE 



Reg./Règl. 256 



Adjustment of Loss 



Right of Entry 



16.— (1) The indemnity payable for loss or damage to an insured 
crop shall be determined in the manner prescribed herein. 

(2) The Commission may cause the production of an insured crop 
to be appraised by any method that it deems proper. 

(3) The loss in respect of an insured crop and the amount of 
indemnity payable therefor shall be determined separately for each 
insured crop. 

(4) No indemnity shall be paid for a loss in respect of an insured 
crop unless the insured person establishes, 

(a) the actual production obtained from the insured crop for 
the crop year; and 

(b) that the loss in production in the crop year resulted directly 
from one or more of the perils insured against. 

Proof of Loss 

17.— (1) A claim for indemnity in respect of an insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sixty days after, 

(a) the completion of harvesting of the insured crop; or 

(b) the end of the crop year in which the loss occurred, which- 
ever is the earlier. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 13. 

Arbitration 

18. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

19.— (1) Except as otherwise provided, no indemnity under this 
contract becomes due and payable until the end of the crop year in 
which the loss or damage was sustained. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

20. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 



21. The Commission has a right of entry to the premises of the 
insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Death or Assignment Under the Bankruptcy Act 

22. This contract terminates at the end of the crop year In which 
the death of the insured person occurs or an authorized assignment is 
made by the insured person under the Bankruptcy Act (Canada). 

Notice 

23.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be served by per- 
sonal delivery or by mailing it to the insured person's last known 
address on file with the Commission. 

(3) Where a written notice is mailed, it shall be deemed to be 
served three days after it is mailed. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of Insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at . 
this day of 



., 19. 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 229, Form 1; O. Reg. 99/82, s. 6; O. Reg. 
571/83, s. 4; O. Reg. 635/84, s. 4; O. Reg. 695/86, s. 2; O. Reg. 
681/87, s. 2; O. Reg. 201/89, s. 2; O. Reg. 462/90, s. 2. 



REGULATION 256 
CROP INSURANCE PLANS-GENERAL 

DsFiNrnoNS 

1. In this Regulation, 

"owner-operator" means a person who owns and operates a farm; . 

"tenant-operator" means a person who leases and operates a farm 
that the person does not own. R.R.O. 1980, Reg. 231, s. 1. 

Designation of Insurable Persons 

2. Where a plan is established in respect of an Insurable crop, any 
owner-operator or tenant-operator of a farm in Ontario who 
produces the Insurable crop on such farm is designated as an insur- 
able person for the purpose of the plan. R.R.O. 1980, Reg. 231, 
s. 2. 

Contracts of Insurance 

3.— (1) Unless otherwise provided in any plan, a contract of Insur- 
ance shall be in Form 1. 

(2) A contract of insurance In Form 1 shall be Issued to an 
insured person when the person makes an Initial contract of Insur- 
ance with the Commission. R.R.O. 1980, Reg. 231, s. 3. 

4. Unless otherwise provided in any plan, the minimum premium 



175 



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CROP INSURANCE 



Reg./Règl. 256 



and deposit payable by an insured person in each crop year is $25. 
O. Reg. 330/87, s. 1. 

5. The Commission shall not make a contract of insurance under 
a plan without an application therefor in the form and manner pre- 
scribed by the plan. R.R.O. 1980, Reg. 231, s. 4. 

6.— (1) The Commission may refuse to make a contract of insur- 
ance with an applicant for crop insurance, 

(a) where, in the opinion of the Commission, the applicant has 
a substantial interest in more than one crop of the same des- 
ignation; or 

(b) for any other reason that the Commission considers proper. 

(2) Where the Commission refuses to make a contract of insur- 
ance, it shall refund to the applicant the premium deposit, if any, 
that accompanied the application. R.R.O. 1980, Reg. 231, s. 5. 

7. Where crops of the same designation are insured under sepa- 
rate contracts or otherwise distinguished and the Commission is of 
the opinion that, 

(a) one person or group of persons has a substantial interest in 
such crops; or 

(b) the harvested yields of the crops have been intermingled, 

the Commission may deny liability on any or all of the contracts, or it 
may combine the yields and treat the contracts as one. R.R.O. 
1980, Reg. 231, s. 6. 

8. Where an insurable person has applied for insurance coverage 
on one or more crops and fails to pay the full premium owing in 
respect of each application at the time prescribed in the plan, the 
Commission may cancel the coverage on any or all of the crop plans 
applied for and, in such case, no part of the premium deposits paid 
shall be refunded. O. Reg. 43/83, s. 1. 

Insurable Acreage 



13. The established price for the crop insured shall be the same 
for the total acreage. O. Reg. 43/83, s. 2,pan. 

14.— (1) Where acreage designated on the application as intended 
to be sown to a spring sown crop remains unseeded or unplanted due 
to an insured peril, a benefit shall be paid to the insured person in 
accordance with the regulations and the Table contained in the rele- 
vant field crop plan and the premium deposit paid by the sharecrop- 
per shall be refunded. O. Reg. 228/88, s. 1 (1). 

(2) The benefit prescribed by subsection (1) does not apply to 
acreage sown to winter wheat. O. Reg. 43/83, s. 2, part; O. Reg. 
228/88, s. 1 (2). 

15.— (1) Where the insured acreage is reseeded or replanted to 
the same or to a different insurable crop in accordance with the rele- 
vant crop plan, the reseeding or replanting benefit shall be paid to 
the sharecropper only and the entire premium shall be retained by 
the Commission. 

(2) Where the insured acreage is reseeded or replanted to a dif- 
ferent crop, not insurable by the Commission, the reseeding or 
replanting benefit shall be paid to the sharecropper only, the insur- 
ance shall terminate and the land owner's share of the premium shall 
be refunded. O. Reg. 43/83, s. 2,part; O. Reg. 228/88, s. 2. 

Form 1 

Crop Insurance Act (Ontario) 

CONTRACT OF INSURANCE 

Between: 

The Crop Insurance Commission of Ontario, hereinafter 
referred to as "THE COMMISSION", 



OF THE FIRST PART 



— and— 



9. Unless otherwise provided in any plan, no acreage from which 
a crop has been harvested during the current crop year shall be eligi- 
ble for insurance coverage. R.R.O. 1980, Reg. 231, s. 8. 

Sharecropping Agreements 

10. The Commission will accept applications for insurance for 
otherwise insurable field crops being sharecropped under an agree- 
ment providing for division of profits or crop in the following propor- 
tions: 



of the of 



land owner 


SHARECROPPER 


50% 
40% 

33% 


50% 
60% 
67% 



O. Reg. 43/83, s. 2,part. 

11.— (1) For the purpose of determining coverage, each party to 
the agreement shall retain his, her or its own average farm yield or 
percentage of coverage attained through insurance experience. 

(2) In the case of a new applicant, the coverage shall be deter- 
mined by the Commission. O. Reg. 43/83, s. 2,part. 

12. Premiums shall be paid by each party to the agreement in the 
same proportion as the parties share under the agreement but each 
party, at the time of application or renewal, as the case may be, shall 
pay a deposit of $1 per acre in respect of the total number of insured 
acres. O. Reg. 43/83, s. 2, part. 



in the County (or as the case may be) of , 

hereinafter referred to as "THE INSURED PERSON", 

OF THE SECOND PART 

Whereas the insured person has applied for a contract of insur- 
ance under the Crop Insurance Act (Ontario) and the regulations and 
has paid a deposit premium in respect thereof; 

Now Therefore, subject to, 

(a) the Crop Insurance Act (Ontario) ; 

(b) the regulations made thereunder; and 

(c) the endorsement respecting an insured crop, 

where in a crop year the insured person suffers a loss in the produc- 
tion of an insured crop from one or more of the perils designated in 
the plan for such crop the Commission, subject to the terms and con- 
ditions hereinafter set forth, agrees to indemnify the insured person 
in respect of such loss. 

TERMS AND CONDITIONS 

Insured Crop 

1. In this contract an insured crop means an insurable crop in 
respect of which. 



176 



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Reg./Règl. 256 



(a) a plan has been established; and 

(b) an endorsement under such plan is in force. 

Extent of Insurance 

2.— (1) The insured person shall offer for insurance all acreage 
seeded or planted in each crop year to an insured crop on the farm or 
farms operated by the insured person in Ontario, and, subject to sub- 
paragraph (2), this contract applies to all such acreage. 

(2) This contract does not apply to acreage, 

(a) seeded or planted to an insured crop that, 

(i) was not adequately prepared for cropping purposes, 

(ii) was seeded or planted after the final date prescribed 
for seeding or planting in the plan, or 

(iii) in the opinion of the Commission, is not insurable; 
or 

(b) on which an insured crop is a volunteer crop. 

Causes of Loss Not Insured Against 

3. This contract does not insure against, and no indemnity shall be 
paid in respect of, a loss in production of an insured crop resulting 
from, 

(a) the negligence, misconduct or poor farming practices of the 
insured person or the insured person's agents or employees; 
or 

(b) a peril other than the perils designated in the plan for the 
insured crop. 

Misrepresentation, Violation of Conditions or Fraud 

4.— (1) Where, in respect of an insured crop, the insured person, 

(a) in an application for insurance or a final acreage report, 

(i) gives false particulars of the insured crop to the prej- 
udice of the Commission, or 

(ii) knowingly misrepresents or fails to disclose any fact 
required to be stated therein; 

(b) contravenes a term or condition of the contract of insur- 
ance; 

(c) commits a fraud; or 

(d) wilfully makes a false statement in respect of a claim under 
the contract of insurance, 

a claim by the insured person is invalid and the insured person's right 
to recover indemnity is forfeited. 

(2) Where an insured person, 

(a) has coverage in respect of two or more crops; and 

(b) forfeits the right to recover indemnity for one or more of 
those crops as provided in subparagraph (1), 

the Commission may cancel coverage obtained by the insured person 
in respect of any other crop. 

(3) Where the Commission cancels coverage of a crop under sub- 
paragraph (2), the right of the insured to recover indemnity in 
respect of that crop is forfeited. 



Waiver or Alteration 

5. No term or condition of this contract or of an endorsement shall 
be deemed to be waived or altered in whole or in part by the Com- 
mission unless the waiver or alteration is clearly expressed in writing 
signed by the Commission or a representative authorized for that 
purpose by the Commission. 

Interest of Other Persons 

6. Even if a person other than the insured person holds an interest 
of any kind in an insured crop, for the purposes of this contract, 

(a) the interest of the insured person in the insured crop is 
deemed to be the full value of the total guaranteed produc- 
tion; and 

(b) except as provided in paragraph 7, no indemnity shall be 
paid to any person other than the insured person. 

Assignment of Right to Indemnity 

7. The insured person may assign all or part of the insured person's 
right to indemnity under this contract in a crop year in respect of an 
insured crop but an assignment is not binding on the Commission 
and no payment of indemnity shall be made to an assignee unless the 
Commission consents thereto in writing. 

Notice of Loss or Damage 

8. — (1) Where loss or damage to an insured crop occurs and the 
insured person intends to abandon or destroy the insured crop, or to 
reseed or replant or use the seeded or planted acreage for another 
purpose, the insured person shall notify the Commission in writing of 
such intention and shall take no further action without the consent in 
writing of the Commission. 

(2) Where loss or damage to an insured crop occurs and the dam- 
age was occasioned at a readily ascertainable time, the insured per- 
son shall notify the Commission in writing within five days of such 
time. 

(3) Where loss or damage to the insured crop occurs and it 
appears, or ought reasonably to appear, to the insured person at any 
time after planting and before the completion of harvesting of the 
insured crop that the production of the insured crop may thereby be 
reduced, the insured person shall, as soon as the loss or damage is 
apparent, notify the Commission in writing forthwith. 

(4) Despite any notice given by the insured person under this 
paragraph, where on completion of harvesting of an insured crop the 
actual production is less than the total guaranteed production, the 
insured person shall notify the Commission in writing within five 
days of completion of harvesting. 

Abandonment, Destruction or Alternate Use 

9.— (1) No acreage seeded or planted to an insured crop shall be 
put to another use and no insured crop shall be abandoned or 
destroyed until the Commission has appraised the potential produc- 
tion of the acreage. 

(2) An appraisal made under subparagraph (1) shall not be taken 
into account in the final adjustment of loss where the insured person 
harvests the appraised acreage. 

Adjustment of Loss 

10.— (1) The indemnity payable for loss or damage to an insured 
crop shall be determined in the manner prescribed by the endorse- 
ment for the insured crop. 

(2) The Commission may cause the production of an insured crop 
to be appraised by any method that it considers proper. 



177 



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CROP INSURANCE 



Reg./Règl. 257 



(3) The loss in respect of an insured crop and the amount of 
indemnity payable therefor shall be determined separately for each 
insured crop. 

(4) No indemnity shall be paid for a loss in respect of an insured 
crop unless the insured person, 

(a) establishes the actual production obtained from the insured 
crop for the crop year; 

(b) establishes that the loss in production in the crop year 
resulted directly from one or more of the perils insured 
against; and 

(c) provides the Commission with such books, records, docu- 
ments or things as it may require to substantiate the loss in 
production. 

Proof of Loss 

11.— (1) A claim for indemnity in respect of an insured crop shall 
be made on a proof of loss form provided by the Commission and 
shall be filed with the Commission not later than sbcty days after the 
earlier of, 

(a) the completion of harvesting of the insured crop; and 

(b) the end of the crop year in which the loss occurred. 

(2) Subject to subparagraph (3), a claim for indemnity shall be 
made by the insured person. 

(3) A claim for indemnity may be made, 

(a) in the case of the absence or inability of the insured person, 
by the insured person's authorized representative; or 

(b) in the case of the absence or inability of the insured person 
or on the insured person's failure or refusal to do so, by an 
assignee under an assignment made in accordance with 
paragraph 7. 

Arbitration 

12. Where the Commission and the insured person fail to resolve 
any dispute respecting the adjustment of a loss under this contract, 
the matter shall be determined by arbitration in accordance with the 
regulations. 

Time for Payment of Indemnity 

13.— (1) Except as otherwise provided in the endorsement for an 
insured crop, no indemnity under this contract becomes due and pay- 
able until the end of the crop year in which the loss or damage was 
sustained. 

(2) Where the indemnity payable by the Commission under this 
contract is established by the filing of a proof of loss form or by an 
award of an arbitrator or board of arbitration, it shall be paid within 
sixty days of the receipt by the Commission of the proof of loss form 
or award, as the case may be. 

(3) Nothing in this paragraph prevents the Commission from pay- 
ing indemnity under this contract at an earlier date. 

Subrogation 

14. Where the Commission has paid a claim under this contract, 
the Commission is subrogated to the extent thereof to all rights of 
recovery of the insured person against any person and may bring 
action in the name of the insured person to enforce those rights. 

Right of Entry 

15. The Commission has a right of entry to the premises of the 



insured person that may be exercised by agents of the Commission at 
any reasonable time or times for any purpose related to the contract 
of insurance. 

Death or Assignment Under the Bankruptcy Act 

16. This contract terminates in respect of each insured crop at the 
end of the crop year in which the death of the insured person occurs 
or an authorized assignment is made by the insured person under the 
Bankruptcy Act (Canada). 

Notice 

17.— (1) Any written notice to the Commission shall be given by 
delivery thereof or by sending it by mail to the Commission. 

(2) Written notice to the insured person shall be given by delivery 
thereof or by sending it by mail addressed to the insured person at 
the person's last post office address on file with the Commission. 

In Witness Whereof The Crop Insurance Commission of Ontario 
has caused this contract of insurance to be signed by its general man- 
ager but the same shall not be binding upon the Commission until 
countersigned by a duly authorized representative thereof. 



Countersigned and dated at . 
this day of , 



19., 



Duly Authorized 
Representative 



General Manager 



R.R.O. 1980, Reg. 231, Form 1; O. Reg. 43/83, s. 3; O. Reg. 
363/84, s. 1; O. Reg. 290/85, s. 2; O. Reg. 228/88, s. 3. 



REGULATION 257 
DESIGNATION OF INSURABLE CROPS 

1. The following agricultural crops are designated as insurable 
crops: 

Apples. 

Asparagus. 

Barley. 

Broccoli. 

Cabbage. 

Canola. 

Carrots. 

Cauliflower. 

Celery. 

Coloured beans. 

Com. 

Cucumbers. 

Forage. 

Grapes. 

Green and wax beans. 



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ASSURANCE-RECOLTE 



Reg./Règl. 257 



Greenhouse Vegetables. 

Honey. 

Lettuce. 

Lima beans. 

OaU. 

Onions grown from seed. 

Onions grown from sets. 

Parsnips. 

Peaches. 

Peanuts. 

Pears. 

Peas. 

Peppers. 

Plums. 

Popping corn. 

Potatoes. 

Pumpkins and squash. 

Red beets. 



Red Spring Wheat. 

Rutabagas. 

Seed corn. 

Sour cherries. 

Soybeans. 

Spanish onions. 

Spring grain. 

Spring wheat. 

Strawberries. 

Sunflowers. 

Sweet cherries. 

Sweet com. 

Tobacco. 

Tomatoes. 

White beans. 

Winter barley. 

Winter wheat. O. Reg. 297/85, s. 1; O. Reg. 296/87, s. 1; 
O. Reg. 433/88, s. 1; O. Reg. 16/90, s. 1. 



179 



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Reg./Règl. 258 



Crown Employees Collective Bargaining Act 
Loi sur la négociation collective des employés de la Couronne 



REGULATION 258 
GENERAL 

1.— (1) For the purpose of subsection 1 (2) of the Act, the 
employer may be represented, 

(a) in the case of the Liquor Control Board of Ontario or the 
Liquor Licence Board of Ontario, by the Liquor Control 
Board of Ontario and the Liquor Licence Board of Ontario; 

(b) in the case of the Workers' Compensation Board, by the 
Workers' Compensation Board; 

(c) in the case of The Niagara Parks Commission, by The Niag- 
ara Parks Commission; 

(d) in the case of the Ontario Housing Corporation in respect 
of the employees employed in the work of the Ontario 
Housing Corporation within the classifications in the bar- 
gaining unit designated in section 10, by the Ontario Hous- 
ing Corporation; 

(e) in the case of the Ontario Teachers' Pension Plan Board, 
the Ontario Teachers' Pension Plan Board; and 

(f) in the case of the Metropolitan Toronto Convention Centre 
Corporation, the Metropolitan Toronto Convention Centre 
Corporation. R.R.O. 1980, Reg. 232, s. 1; O. Reg. 41/87, 
s. 1;0. Reg. 351/89, s. 1. 

(2) For the purpose of subsection 1 (2) of the Act, the employer 
may be represented in respect of their respective ambulance service 
employees by the following: 

1. B. & D. Powell Management Ltd., carrying on business as 
Arnprior & Kanata Ambulance Services. 

2. Alan R. Barker Ambulance Service. 

3. Beaverton & District Ambulance Service Ltd. 

4. Brant County Ambulance Service Limited. 

5. City Ambulance Service of Quinte Limited. 

6. Lakeshore Emergency Service Inc., carrying on business as 
Lakeshore Ambulance Service. 

7. Danver Ambulance Service Inc., carrying on business as 
Flamborough District Ambulance. 

8. The District of Halton & Mississauga Ambulance Service 
Ltd. 

9. 501781 Ontario Limited, carrying on business as Fleetwood 
Ambulance. 

10. 548652 Ontario Limited, carrying on business as Ganano- 
que Provincial Ambulance Service. 

11. Lambton, Middlesex Ambulance Service Limited. 

12. Lee Ambulance Service Limited. 

13. McKechnie Ambulance Service Inc. 



14. Owen Sound Emergency Services Inc. 

15. 677700 Ontario Inc., carrying on business as Port Col- 
bourne and District Ambulance Service. 

16. 760472 Ontario Inc., carrying on business as Rock- 
land/Orleans Ambulance Service. 

17. Royal City Ambulance Service Ltd. 

18. Superior Ambulance (1986) Limited. 

19. Thames Valley Ambulance Limited. 

20. 790711 Ontario Limited, carrying on business as Uxbridge 
Stouffville Ambulance Service. 

21. Woodstock Ambulance Limited. O. Reg. 181/90, s. 1. 

2. The particulars required by clauses 47 (1) (a) to (f) of the Act 
and the certification required by the said subsection (1) shall be in 
Form 1. R.R.O. 1980, Reg. 232, s. 2. 

3. The statement of income and expenditure required by sub- 
clause 47 (1) (f) (ii) of the Act shall be in Form 2. R.R.O. 1980, 
Reg. 232, s. 3. 

4. The affidavit required by subsection 47 (2) of the Act shall be 
in Form 3. R.R.O. 1980, Reg. 232, s. 4. 

5.— (1) A statement of income and expenditure in Form 2 shall 
contain a statement of the net dues and assessments of the employee 
organization. 

(2) A statement of the net dues and assessments of an employee 
organization, 

(a) shall include amounts of money received or receivable from 
members of the employee organization on account of initia- 
tion fees, per capita dues, assessments or fines; and 

(b) shall not include an amount received or receivable from a 
member of the employee organization for transmission as 
the contribution of the member to a pension or welfare plan 
that is not administered by the employee organization. 

(3) In this section, "members of the employee organization" 
includes a person who pays dues to the employee organization or 
amounts of money in lieu of such dues whether or not such person is 
a member of the employee organization or of any local or branch 
thereof. R.R.O. 1980, Reg. 232, s. 5 . 

6.— (1) The persons who are employed in the work of the Liquor 
Control Board of Ontario or of the Liquor Licence Board of Ontario 
in the classifications in Schedule 1, other than those persons who are 
employed on a seasonal, casual or part-time basis, are designated as 
a unit of employees that is an appropriate bargaining unit for collec- 
tive bargaining purposes under the Act. 

(2) The Ontario Liquor Boards Employees' Union is designated 
as the employee organization that shall have representation rights in 
relation to the bargaining unit referred to in subsection (1). 
R.R.O. 1980, Reg. 232, s. 7. 

7.— (1) All persons who are employed in the work of The Niagara 
Parks Commission other than. 



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CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



(a) foremen; 

(b) supervisors; 

(c) persons above the rank of foreman or supervisor; 

(d) persons performing duties involving the use or knowledge 
of confidential information relating to employee relations 
or budgets; 

(e) persons employed in the work of The Niagara Parks Com- 
mission Police Department; 

(f) persons whose working hours do not normally exceed 
twenty-four hours per week; and 

(g) persons who are employed on a seasonal basis, 

are designated as a unit of employees that is an appropriate bargain- 
ing unit for collective bargaining purposes under the Act. 

(2) The Ontario Public Service Employees' Union is designated 
as the employee organization that shall have representation rights in 
relation to the bargaining unit referred to in subsection (1). 
R.R.O. 1980, Reg. 232, s. 8. 

8. All persons employed in the work of The Niagara Parks Com- 
mission in The Niagara Parks Commission Police Department, other 
than staff sergeants, sergeants and persons who are employed on a 
seasonal basis, are designated as a unit of employees that is an appro- 
priate bargaining unit for collective bargaining purposes, and The 
Ontario Public Service Employees' Union is designated as the 
employee organization that shall have representation rights in rela- 
tion to such bargaining unit. R.R.O. 1980, Reg. 232, s. 9. 

9. All persons employed in the work of Ontario Housing Corpo- 
ration within The Municipality of Metropolitan Toronto other than, 

(a) foremen; 

(b) office staff; 

(c) persons appointed under the Public Service Act; and 

(d) persons in the temporary service class who are not members 
of Local 767 of the Canadian Union of Public Employees by 
reason of their membership in another organization, 

are designated as a unit of employees that is an appropriate bargain- 
ing unit for collective bargaining purposes, and Local 767 of the 
Canadian Union of Public Employees is designated as the employee 
organization that shall have representation rights in relation to such 
bargaining unit. R.R.O. 1980, Reg. 232, s. 10. 

10. All public servants other than, 

(a) the persons who are not employees, the definition of which 
is set out within subsection 1 (1) of the Act; and 

(b) the persons in the classifications or positions set out in col- 
umn 2 of Schedule 2, 

are designated as a unit of employees that is an appropriate bargain- 
ing unit for collective bargaining purposes under the Act, and The 



Ontario Public Service Employees' Union is designated as the 
employee organization that shall have representation rights in rela- 
tion to such bargaining unit. R.R.O. 1980, Reg. 232, s. 11. 

11. Forms 4 to 40 are prescribed for use as provided in the rules 
made by the Tribunal under subsection 43 (1) of the Act. R.R.O. 
1980, Reg. 232, s. 12. 

12. A copy of a decision of the Grievance Settlement Board for 
filing in the Ontario Court (General Division) under subsection 
19 (6) of the Act shall be in Form 41. R.R.O. 1980, Reg. 232, 
s. 13, revised. 

13. A statement of the suspension of the autonomy of an 
employee organization under section 46 of the Act shall be in Form 
42. R.R.O. 1980, Reg. 232, s. 14. 

14. An affidavit of service of a summons to a witness shall be in 
Form 43. R.R.O. 1980, Reg. 232, s. 15. 

Schedule 1 

Clerk Grade 1 

Clerk Grade 2 

Clerk Grade 3 

Clerk Grade 4 

Clerk Grade 5 

Comptometer Operator 

Drafter 

Electric Computer Operator 1 

Electric Computer Operator 2 

Junior Management Services Officer 

Key Punch Operator 1 

Key Punch Operator 2 

Key Punch Operator 3 

Laboratory Technician 1 

Laboratory Technician 2 

Laboratoiy Technician 3 

Licence Inspector 1 

Licence Inspector 2 

Liquor Store Clerk 2 

Liquor Store Clerk 3 

Liquor Store Clerk 4 

Liquor Store Manager 1 

Liquor Store Manager 2 

Liquor Store Manager 3 

Senior Wine Consultant 

Stationary Engineer 

Stenographer Grade 1 

Stenographer Grade 2 

Stenographer Grade 3 

Typist Grade 1 

Typist Grade 2 

Typist Grade 3 

Warehouse Foreman 1 

Warehouse Foreman 2 

Warehouser 2 

Warehouser 3 

Warehouser 4 

Wine Consultant 

Wine Consultant Trainee 

R.R.O. 1980, Reg. 232, Sched. 1. 



182 



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NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./Règl. 258 



Schedule 2 



Column 1 


Column 2 


Social Services 


Apprenticeship Counsellor 2 




Training 


Apprenticeship Counsellor 3 

Community Development Supervisor 

Development Officer 3, Industrial Training 

Director of Citizenship 

Director, Human Rights Commission 

Director of Industrial Training 

Director, Women's Bureau 

Director, Youth and Recreation Branch 

Human Rights Commission Supervisor 1 

Human Rights Commission Supervisor 2 

Standards Officer 3, Industrial Training 

Executive Director, Community Services Division 




Library 


Librarian 4 
Librarian 5 




Historical 


Archivist 4 
Archivist of Ontario 
Historical Research Officer 3 




Social Work 


Assistant Director of Probation Services 

Chair, Parole Board 

Chaplain 3 

Child Care Worker 4 

Child Care Worker 5 

Child Care Worker 6 

Child Welfare Supervisor 2 

Counsellor 4 (Residential Life) 

Counsellors (Residential Life) 

Director of Chaplain Services, Ministry of Correctional Services 

Director, Child Welfare Branch 

Director, Day Nurseries Branch 

Director, Field Services, Ministry of Community and Social Services 

Director of Probation Services 

Director of Rehabilitation Services 

Director, Ministry of Community and Social Services 






Director of Training and Staff Development, Ministry of Community 


and Social 




Services 






Field Worker 3, Homes for Special Care 






Hospital Activity Services Director 1 






Hospital Activity Services Director 2 






Hospital Activity Services Director 3 






Instructor 4 (Occupational) 






Member, Parole Board 






Observation & Detention Home Supervisor 1 






Observation & Detention Home Supervisor 2 






Observation & Detention Home Supervisor 3 






Probation Officer 4 






Probation Staff Development Officer 






Regional Welfare Administrator 1 






Regional Welfare Administrator 2 






Regional Welfare Administrator 3 






Regional Welfare Administrator 4 






Rehabilitation Adviser, Ministry of Health 






Rehabilitation Officer 3, Ministry of Correctional Services 






Rehabilitation Officer 4, Ministry of Correctional Services 






Rehabilitation Officer 5 (a). Ministry of Correctional Services 






Rehabilitation Officer 5 (b). Ministry of Correctional Services 






Rehabilitation Officer 6, Ministry of Correctional Services 






Rehabilitation Officer 3, Ministry of Health 






Staff Training Officer, Ministry of Community and Social Services 






Social Work Supervisor 1 






Social Work Supervisor 2 






Social Work Supervisor 3 






Social Work Supervisor 4 






Unit Program Director 






Vice-Chair, Parole Board 






Welfare Field Supervisor 






Welfare Institutions Supervisor 




Psychological 


Adviser in Psychology 





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Reg./Règl. 258 



Column 1 



Column 2 



Nursing 



Occupational and Physical 
Therapy 



Planning and Development 



Operational Services 
Heating and Power 



Printing 



Aircraft Maintenance 



General Skilled Trades 



Construction and Installation 
Inspection 



Adviser, Speech Pathology 

Audiological Supervisor 

Director of Psychology, Ministry of Correctional Services 

Director of Research, Ministry of Correctional Services 

Psychologist 2 

Psychologist 3 



Adviser 
Nurse 4, 
Nurse 5, 
Nurse 6, 
Nurse 7, 
Nurse 3, 
Nurse 4, 
Nurse 5, 
Nurse 4, 



in Nursing 

General 

General 

General 

General 

Nursing Education 

Nursing Education 

Nursing Education 

Public Health 



Adviser, Occupational and Physical Therapy 
Occupational Therapist 4 
Occupational Therapist 5 

Community Planner 5 

Community Planner 6 

Deputy Managing Director, Ontario Development Corporation 

Director, Indian Community Development Services Branch 

Industrial Development Officer 4 

Industrial Development Officer 5 

Industrial Development Officer 6 

Technical Consultant Supervisor 

Steam Plant Chief 1 

Steam Plant Chief 2 

Steam Plant Chief 3 

Steam Plant Chief 4 

Steam Plant Chief 5 

Steam Plant Chief 6 

General Superintendent of Mechanical Services 

Supervisor of Mechanical Services 

Legislative Assistant Editor 

Legislative Editor 

Printing Contracts Supervisor 

Assistant Plant Superintendent, Air Service 
Plant Superintendent, Air Service 

Assistant Supervisor of Electrical Devices 
Chief Instrument Repairer 
Construction Superintendent 1 
Construction Superintendent 2 
Construction Superintendent 3 
Construction Superintendent 4 
Maintenance Superintendent 2 
Maintenance Superintendent 3 
Maintenance Superintendent 4 
Maintenance Superintendent 5 
Preparator 2 
Preparator 3 
Preparator 4 
Services Supervisor 1 
Services Supervisor 2 
Services Supervisor 3 
Sign Painter Supervisor 
Supervisor of Electrical Crews 
Supervisor of Electrical Devices 
Supervisor of Electrical Services 
Telephone Services Supervisor 1 
Telephone Services Supervisor 2 

Adviser, Air Pollution Inspection 

Boiler Inspector Supervisor 2 

Chief Officer, Operating Engineers Branch 

Construction Inspector 

Elevator Inspector 2 



184 



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Reg./Règl. 258 



Column 1 


Column 2 




Elevator Inspector 3 




Elevator Inspector 4 




Industrial Safety Officer 1 




Industrial Safety Officer 2 




Inspector 3, Air Pollution 




Registration and Operations Officer Operating Engineers Branch 




Technician 4, Fuel 




Technician 5, Fuel 




Technician 6, Fuel 


Vehicle Maintenance 


Assistant Garage Superintendent, Parliament Buildings 




Garage Superintendent, Parliament Buildings 




Highway Equipment Instructor 3 




Highway Equipment Instructor 4 




Highway Equipment Supervisor 1 




Highway Equipment Supervisor 2 




Highway Equipment Supervisor 3 




Highway Mechanic Foreman 




Inspector 3, Vehicle Inspection 




Inspector 4, Vehicle Inspection 


Vehicle Operation 


Driver Attendant, Minister 




Driver Attendant, Prime Minister 




Driver Supervisor 




Traffic Patrol Supervisor, Ministry of Transportation and Communications 


Mine Rescue Training 


Mine Rescue Training Officer 3 


Highway and Canal 


Highway Equipment Instructor 1 


Maintenance 


Highway Equipment Instructor 2 




Highway General Foreman 2 




Highway Maintenance Supervisor 




Highway Patrolperson 




Highway Patrol Supervisor 




Highway Services Supervisor 




Inspector of Weighers and Checkers 1 




Inspector of Weighers and Checkers 2 




Maintenance Foreman Toll Bridge 




Vehicle and Construction Equipment Supervisor 




Water Level Control Supervisor 




Zone Painting Supervisor 


Ferry Operations 


Ferry Captain 




Senior Ferry Captain 1 




Senior Ferry Captain 2 


Forestry and Biology 


Chief Arboriculturist 




Resource Technician, Senior 1 




Resource Technician, Senior 2 




Resource Technician, Senior 3 




Resource Technician, Senior 4 


Agricultural Services 


Agricultural Worker 4 




Agricultural Worker 5 




Agricultural Worker 6 




Dairy Herd Improvement Officer 2 




Farm Products Inspector 3 




Horticulturist 




Manager 2, Farms and Gardens 




Meat Inspector 2 


Cleaning and Caretaking 


Buildings Caretaker 3 




Buildings Caretaker 4 




Buildings Caretaker 5 




Buildings Caretaker 6 




Buildings Caretaker 7 




Buildings Cleaner and Helper 3 




Buildings Cleaner and Helper 4 




Buildings Superintendent 




Hospital Housekeeper 1 




Hospital Housekeeper 2 


Correctional 


Chief Provincial Bailiff 




Correctional Officer 4 



18S 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



Column 1 



Column 2 



Institutional Care 



Personal Services 



Supply 



Radio Operations 
General Operational 



Administrative Services 
Legal 



Financial 



Municipal Services 



Correctional Officer 5 

Correctional Officer 6 

Correctional Officer 7 

Industrial Officer 4 

Industrial Officer 5 

Industries Technician 

Staff Training Officer, Ministry of Correctional Services 

Supervisor of Juveniles 4 

Supervisor of Juveniles 5 

Supervisor of Juveniles 6 

Athletics Supervisor and Dean of Men 

Attendant 5, Oak Ridge 

Attendant 6, Oak Ridge 

Attendant 7, Oak Ridge 

Instructor 3 (a). Recreation and Crafts 

Instructor 3 (b). Recreation and Crafts 

Instructor 4, Recreation and Crafts 

Recreation Officer 3, Ministry of Correctional Services 

Recreation Officer 4, Ministry of Correctional Services 

Security Supervisor 

Cook 3 
Cook 4 
Cook 5 
Cook 6 

Laundry Manager 1 

Laundry Manager 2 

Laundry Manager 3 

Laundry Manager 4 

Supervisor 1, Food Service 

Supervisor 2, Food Service 

Tailor Supervisor, Ontario Provincial Police 

Area Supply Supervisor 
Central Stores Supervisor 
Clerk 7, Supply 
Clerk 8, Supply 
Materials Control Supervisor 



Artisan 4 
Millman 3 

Master, Supreme Court of Ontario 
Registrar, Office of the Mining Commissioner 
Senior Master, Supreme Court of Ontario 
Vice-Chair 1, Ontario Labour Relations Board 
Vice-Chair 2, Ontario Labour Relations Board 

Accounting Supervisor 1 
Accounting Supervisor 2 
Accounting Supervisor 3 
Accounting Supervisor 4 
Actuary 1 
Actuary 2 
Actuary 3 
Financial Officer 1 
Financial Officer 2 
Financial Officer 3 
Financial Officer 4 
Financial Officer 5 
Financial Officer 6 
Financial Officer 7 
Financial Officer 8 
Financial Officer 9 
Financial Officer, Trainee 

Assessment Supervisor 1 
Assessment Supervisor 2 
Assessment Supervisor 3 
Assessment Supervisor 4 
Supervisor 3, Municipal Organization & Administration 



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Reg./Règl. 258 



Column 1 



Column 2 



Property 



Purchasing 



Personnel 



Public Relations 



Management Services 



Labour Relations 



Institutional 



General Administration 



Accommodation Officer 3 
Accommodation Officer 4 
Property Administrator 2 
Real Estate Officer 1 
Real Estate Officer 2 
Real Estate Officer 3 
Real Estate Officer 4 
Real Estate Officer 5 
Real Estate Officer 6 
Realty Appraiser 3 

Chief Purchasing Officer 
Purchasing Officer 3 
Senior Purchasing Officer 
Superintendent of Supply 

Employee Counsellor 
Personnel Administrator 1 
Personnel Administrator 2 
Personnel Administrator 3 
Personnel Administrator 4 
Personnel Administrator 5 
Personnel Administrator 6 
Personnel Trainee 
Staff Relations Officer 

Director of Immigration 
Director, Information Branch 
Editor, Technical Publications 
Immigration Officer, Senior 
Press Relations Supervisor 
Public Health Educator 
Tourist Industry Officer 4 

Assistant Manager 1, Electronic Data Processing 
Manager 1, Electronic Data Processing 
Management Services Officer 3 
Management Services Officer 4 
Management Services Officer 5 
Management Services Officer 6 
Management Services Officer 7 
Management Services Officer 8 
Management Services Officer 9 

Conciliation Officer 1 

Conciliation Officer 2 

Conciliation Officer 3 

Conciliation Officer 4 

Examiner 1, Ontario Labour Relations Board 

Examiner 2, Ontario Labour Relations Board 

Field Officer, Ontario Labour Relations Board 

Assistant Administrator, Jails Branch 

Assistant Superintendent, Ministry of Correctional Services 

Deputy Superintendent 1, Ministry of Correctional Services 

Deputy Superintendent 2, Ministry of Correctional Services 

Deputy Superintendent, Jails 

Executive Trainee, Ministry of Correctional Services 

Inspector, Ministry of Correctional Services 

Jail Superintendent 1 

Jail Superintendent 2 

Jail Superintendent 3 

Jail Superintendent 4 

Jail Superintendent 5 

Jail Superintendent 6 

Reformatory Superintendent 1 

Reformatory Superintendent 2 

Reformatory Superintendent 3 

Training School Superintendent 1 

Training School Superintendent 2 

Administrative Officer 

Assistant Clerk of the Legislative Assembly 



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Reg./Règl. 258 



Column 1 


Column 2 




Assistant Registrar, Ministry of Education 




Clerk of the Executive Council 




Clerk 6, General 




Clerk 7, General 




Deputy Director Registration (O.S.C.) 




Director 1, Administrative Services 




Director 2, Administrative Services 




Director 3, Administrative Services 




Director of Claims, M.S.I.D. 




Director of Municipal Pensions 




Editor 1 (Hansard) 




Editor 2 (Hansard) 




Executive Officer 1 




Executive Officer 2 




Executive Officer 3 




Member, Ontario Highway Transport Board 




Northern Affairs Officer 1 




Northern Affairs Officer 2 




Northern Affairs Officer 3 




Program Analysis Co-ordinator 1 




Program Analysis Coordinator 2 




Program Analysis Co-ordinator 3 




Program Analyst 1 




Program Analyst 2 




Program Analyst 3 




Records Officer 1 




Records Officer 2 




Records Officer 3 




Regional Co-ordinator 1, O.H.I.C. 




Regional Co-ordinator 2, O.H.I.C. 




Regional Services Manager 1 




Regional Services Manager 2 




Registrar of Collection Agencies 




Registrar, Ontario Labour Relations Board 




Registrar of Private Investigators and Security Guards 




Superintendent, Public Housing 




Supervisor of Operations 




Treasury Board Officer 1 




Treasury Board Officer 2 




Treasury Board Officer 3 




Treasury Board Officer 4 




Treasury Board Officer 5 


Institutional Administration 


Assistant Hospital Business Administrator 1 




Assistant Hospital Business Administrator 2 




Assistant Hospital Business Administrator 3 




Bursar 2 




Bursar 3 




Bursar 4 




Bursar 5 




Director, Hospital Management Services 




Hospital Administrator 1 




Hospital Administrator 2 




Hospital Business Administrator 1 




Hospital Business Administrator 2 




Hospital Business Administrator 3 


Labour Standards 


Employment Standards Officer 1 




Employment Standards Officer 2 




Employment Standards Officer 3 


Land and Mining Registration 


Chief Mining Recorder 




Mining Recorder 


Buildings Management 


Manager 1, Buildings Management 




Manager 2, Buildings Management 




Manager 3, Buildings Management 




Manager 4, Buildings Management 




Manager 5, Buildings Management 




Manager 6, Buildings Management 


Education 


Adviser, Elementary School Correspondence Courses 




Assistant Superintendent, O.S.B., O.S.D. 




Education Officer 4 



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Column 1 


Column 2 




Education Officer 5 




Education Officer 6 




Education Officer 7 




Principal 1, Ontario School for the Retarded 




Principal 2, Ontario School for the Retarded 




Principal 3, Ontario School for the Retarded 




Principal 1, Teachers' College 




Principal 2, Teachers' College 




Vice-Principal, Teachers' College 




Vocational Training Supervisor 2 


Economies and Statistics 


Economist 1 




Economist 2 




Economist 3 




Economist 4 




Economist 5 




Economist 6 




Economist 7 




Statistician 4 


Senior Administrators 


Executive Officer 1, Office of the Premier 




Executive Officer 2, Office of the Premier 




Executive Officer 3, Office of the Premier 




Supervisor of Racing 




Vice-Chair, Ontario Energy Board 




Vice-Chair, Ontario Highway Transport Board 


Program Executives 


Program Executive 1 




Program Executive 2 




Program Executive 3 




Program Executive 4 




Program Executive 5 


Scientific and Technical 


Architectural Job Captain 3 


Services 


Architectural Officer I 


Architecture and Interior 


Architectural Officer 2 


Design 


Chief of Contracts 


Architecture 


Specification Editor 3 


Interior Design 


Exhibition Designer 3 




Exhibition Designer 4 




Exhibition Designer 5 




Interior Design Supervisor 


Engineering 


Access Roads Manager 




Access Roads Superintendent 




Chief Inspector (Drilling and Production) 




Claims Engineer 




Engineer of Mines 1 




Engineer of Mines 2 




Engineer of Mines 3 




Engineering Officer 2 




Engineering Officer 3 




Engineering Officer 4 




Engineering Officer 5 




Estimator 3, Engineering Audit 




Executive Engineer 




Highway District Engineer 1 




Highway District Engineer 2 




Superintendent of Engineering Audits 




Superintendent of Equipment 




Technician 1, Construction 




Technician 2, Construction 




Technician 3, Construction 




Technician 4, Construction 




Technician 1, Engineering Audit 




Technician 2, Engineering Audit 




Technician 3, Engineering Audit 




Technician 4, Engineering Audit 




Technician 5, Engineering Audit 




Technician 2, Engineering Office 




Technician 3, Engineering Office 




Technician 4, Engineering Office 




Technician 1, Engineering Survey 



189 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



Column 1 


Column 2 




Technician 2, Engineering Survey 




Technician 3, Engineering Survey 




Technician 4, Engineering Survey 




Technician 4, Road Design 


Geological 


Assistant Director, Geological Branch 




Geologist 1 




Geologist 2 




Geologist Assistant 4 




Senior Geologist 


Land Surveying 


Chief Inspector of Surveys 




Director of Legal Surveys 




Inspector of Surveys 1 




Inspector of Surveys 2 




Inspector of Surveys 3 




Legal Survey Examiner 4 




Surveyor 1 




Surveyor 2 




Technician 1, Legal Survey 




Technician 2, Legal Survey 




Technician 3, Legal Survey 


Drafting and Design 


Bridge Materials Officer 3 




Commercial Artist 3 




Drafter 3 




Senior Drafter 


Photogrammetry and 


Cartographer 5 


Stereoplotting 


Cartographer 6 




Cartographer 7 




Photogrammetrist 4 




Photogrammetrist 5 


Agricultural 


Agricultural Officer 2 




Agricultural Officer 3 




Agricultural Officer 4 




Agricultural Representative 




Agricultural Specialist 3, Dairy 




Lecturer 4 (a). Agricultural School 




Lecturer 4 (b). Agricultural School 




Supervising Farm Products Inspector 


Conservation 


Biologist 3 




District Administrator 1, Ministry of Natural Resources 




District Administrator 2, Ministry of Natural Resources 




Forester 3 




Forester 4 




Forester 5 




Instructor 3, Ontario Forest Ranger School 




Parks Planner 2 




Parks Planner 3 




Recreational Land Use Planner 




Resources Manager 3 




Resources Manager 4 




Section Supervisor I, Ministry of Natural Resources 




Section Supervisor 2, Ministry of Natural Resources 




Senior Biologist 


Aircraft Operation 


Check Pilot 


Dental 


Adviser 1, Public Health Dentistry 




Adviser 2, Public Health Dentistry 


Medical 


Branch Director, Mental Health 




Chair, Medical Advisory Board 




Director of Coroners 




Medical Officer 1, Ministry of Correctional Services 




Medical Officer 2, Ministry of Correctional Services 




Medical Officer 3, Ministry of Correctional Services 


Pharmaceutical 


Cataloguer, Drugs and Biologicals 




Co-ordinator 1, Drug Pricing 




Co-ordinator 2, Drug Pricing 



190 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./Règl. 258 



Column 1 


Column 2 


Veterinary 


Veterinary Scientist 3 




Veterinary Scientist 4 




Veterinary Scientist 5 




Veterinary Scientist 6 


Health Inspection and 


Chief Industrial Health Counsellor 


Investigation 


Pesticides Control Officer 3 




Public Health Inspector 5 i 


Home Economies and Nutrition 


Dietitian 1 




Dietitian 2 (a) 




Dietitian 2 (b) 




Dietitian 3 




Food Services Administrator 




Home Economist Supervisor 1 




Home Economist Supervisor 2 




Nutritionist 2 


Medical Equipment and 


Technician, X-Ray Supervisor 


Operation Research 


Chief Research Scientist, Ministry of Agriculture and Food 




Research Officer 3, Ministry of Transportation 




Research Officer 4, Ministry of Transportation 




Research Officer 5, Ministry of Transportation 




Research Scientist 4, Ministry of Agriculture and Food 




Research Scientist 3, Ministry of Natural Resources 




Research Scientist 4, Ministry of Natural Resources 




Research Scientist 5, Ministry of Natural Resources 




Research Supervisor 1, Ministry of Natural Resources 




Research Supervisor 2, Ministry of Natural Resources 


Testing and Analysis 


Administrator 1, Laboratory Services 




Administrator 2, Laboratory Services 




Firearms Examiner 3 




Laboratory Director, Class "A" Laboratory 




Laboratory Director, Class "B" Laboratory 




Laboratory Director, Class "C" Laboratory 




Manager, Timiskaming Testing Laboratory 




Meteorologist ' 




Scientist 5 




Senior Radiation Protection Physicist 




Technician 5, Chemical Laboratory 




Technician 5, Physical Laboratory 




Technician 5, Medical Laboratory 


Photographic 


Manager, Photographic Reproduction Unit 




Photographer 3, Laboratory 




Publicity Photographer 3 




Technician 7, Photographic 


Communications 


Communications Supervisor 




Communications Technician 3 




Highways Communications Supervisor 




Electronics Supervisor 1, Ministry of Government Services 




Electronics Supervisor 2, Ministry of Government Services 


Traffic Analysis 


Traffic Analyst 4 




Traffic Analyst 5 




Traffic Analyst 6 




Technician 4, Traffic 




Technician 5, Traffic 


General Services 


Driver Examiner 3 


Transportation Inspection 


Driver Examiner 4 




Driver Examiner 5 




Inspector 3, Ministry of Transportation 




Inspector of Signs and Buildings Permits 4 




Highway Carrier, Supervising Inspector 2 




Review Supervisor 1 




Review Supervisor 2 




Service Areas Manager 


Entertainment Inspection 


Assistant Director, Theatres Branch 




Director, Theatres Branch 



191 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



Column 1 


Column 2 


Investigative 


Chief Investigator, Ontario Securities Commission 




Fires Services Investigator 3 




Investigator 2, Agricultural Products 


Fire Services 


Deputy Fire Marshal 




Director of Ontario Fire College 




Fire Chief 




Fire Marshal 




Fire Services Adviser 3 


Court Reporting 


Chief Supreme Court Reporter 




Court Reporter 3 




Court Reporter 4 




Supreme Court Reporter 2 


General Administrative Services 


Administrative Assistant 1, Office of the Premier 


General 


Administrative Assistant 2, Office of the Premier 




Administrative Assistant 3, Office of the Premier 




Clerks, FiHng 




Coroner's Clerk 2 




Deputy Senior 1, Administration of Justice 




Deputy Senior 2, Administration of Justice 




Deputy Senior 3, Administration of Justice 




Supervisor 1, Medical Records 




Supervisor 2, Medical Records 




Supervisor 3, Medical Records 




Supervisor 4, Medical Records 




Travel Counsellor 3 




Travel Counsellor 4 




Travel Counsellor 5 


Savings Office 


Director, Savings Office Branch 




Inspector 3, Savings Office 




Manager 1, Savings Office 




Manager 2, Savings Office 




Manager 3, Savings Office 




Manager 4, Savings Office 




Supervisor of Branch Operations, Savings Office 


Postal Service 


Manager, Central Mail Service 




Postmaster, House of Assembly Post Office 


Attendant and Messenger 


Supervisor, Mail Unit 


Telephone Services 


Operator 3, Central Switchboard 


Typing, Stenographic and 


Senior Secretary 1 


Secretarial 


Senior Secretary 2 




Senior Secretary 3 




Senior Secretary 4 




Senior Secretary 5 




Transcriber 1 (Hansard) 




Transcriber 2 (Hansard) 




Transcriber Co-ordinator (Hansard) 


Printing and Office 


Manager, Central Duplicating Service 


Equipment 


Manager, Offset Printing Unit 




Operator 3, Bindery Equipment 




Operator 4, Microfilm 




Operator 5, Microfilm 




Operator 6, Microfilm 




Operator 4, Offset Equipment 




Operator 5, Offset Equipment 




Operator 4, Whiteprint Equipment 


Data Processing 


Computer Technician 3 




Operator 3, Electronic Computer 




Operator 5, Key Punch Equipment 




Operator 6, Key Punch Equipment 




Operator 5, Tabulating Equipment 




Operator 6, Tabulating Equipment 




Operator 7, Tabulating Equipment 




Production Supervisor 




Supervisor, Data Processing, Civil Service Commission 



192 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./Règl. 258 



Column 1 



Column 2 



Toll Collection Services 
Fingerprint Examiners 

Law Enforcement 



Other Typing, Stenographic and Secretarial 
Ministry of Colleges and Universities 



Ministry of Correctional 
Services 



Ministry of Education 



Ministry of The Environment 



Supervisor, Data Processing, Registrar-General, Ministry of Consumer and 
Commercial Relations 

Toil Supervisor 

Fingerprint Examiner 4 
Fingerprint Examiner 5 

Adviser, Ontario Police Commission 
Assistant Commissioner, Ontario Provincial Police 
Chief Instructor, Ontario Police College 
Commissioned Officer 1, Ontario Provincial Police 
Commissioned Officer 2, Ontario Provincial Police 
Commissioned Officer 3, Ontario Provincial Police 
Commissioned Officer 4, Ontario Provincial Police 
Commissioned Officer 5, Ontario Provincial Police 
Deputy Director, Ontario Police College 
Director, Ontario Police College 
Intelligence Officer, Ontario Police Commission 
Sergeant Major, Ontario Provincial Police 

Secretaries to Assistant Deputy Ministers 

Secretary to the Director, Applied Arts and Technology Branch 

Director General, Ontario Science Centre 

Secretary to Director General, Ontario Science Centre 

Executive Assistant to Director General, Ontario Science Centre 

Secretary to Executive Assistant to Director General, Ontario Science Centre 

Assistant Secretary to the Minister 

Secretary to Branch Administrator 1, Correctional Services 

Secretary to Branch Administrator 2, Correctional Services 

Secretary to Chief Accountant, Administrative and Financial Services Division 

Secretary to Chief Inspector 

Secretary to Director of After-Care Services 

Secretary to Director of Information Branch 

Secretary to Executive Assistant, Office of Deputy Minister 

Secretary to Executive Director, Administrative and Financial Services Division 

Secretary to Executive Director, Professional Services Division 

Secretaries to Superintendents, Institutions 

Secretaries to Superintendents, Training Schools 

Administrative Assistant to the Superintendent (Guelph) 

Secretarial Assistant (Treatment) (Guelph) 

Secretary to the Executive Assistant, Deputy Minister's Office 
Secretary to the Executive Assistant to the Minister 
Secretary to the Superintendent, Ontario School for the Blind 
Secretary to the Superintendent, Ontario School for the Deaf 
Secretary to the Director, School Business and Finance Branch 
Secretary to the Director, Provincial Schools Branch 
Secretary to the Director, Planning and Research Branch 
Secretary to the Director, Legislation Branch 
Secretary to the Director, Public Information Branch 
Assistant Secretary to the Deputy Minister 
Secretary to Chair, Council on French Language Schools 
Chief Educational Officer, (Correspondence Courses) 

Assistant Secretary to the Minister 
Secretary to the Executive Assistant to the Minister 
Secretary to Director, Legal Services Branch 
Secretary to Director, Strategic Planning Branch 
Secretary to Director, Information Services Branch 
Secretary to Director, Financial Services Branch 
Sectetary to Director, Administrative Services Branch 
Secretary to Director, Water Quantity Branch 
Secretary to Director, Water Quality Branch 
Secretary to Director, Sanitary Engineering Branch 
Secretary to Director, Industrial Waste Branch 
Secretary to Director, Private Sewage Disposal Branch 
Secretary to Director, Project Development Branch 
Secretary to Director, Project Construction Branch 
Secretary to Director, Plant Operations Branch 
Secretary to Director, Air Quality Branch 
Secretary to Director, Waste Management Branch 



193 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



Column 1 



Column 2 



Ministry of Consumer and Commercial 
Relations 



Ministry of Health 



Ministry of The Attorney General 



Ministry of Labour 



Ministry of Revenue 



Ministry of Treasury, Economics and 
Intergovernmental Affairs 



Ministry of The Soucitor General 



Ontario Provincial Pouce 
(Civilian StafO 



Secretary to Director, Laboratory Branch 
Secretary to Director, Research Branch 

Secretary to Chair of Ontario Securities Commission 
Secretary to Director, Administrative Services Branch 
Secretary to Director, Insurance Branch 
Secretary to Director, Ontario Securities Commission 
Secretary to Superintendent of Insurance 

Secretary to the Medical Director and Associate Medical Director 

Secretary to Branch Director, Mental Health Division 

Secretary to Assistant Hospital Administrators 

Secretary to Chief Epidemiology Service 

Secretary to Chief Public Health Veterinary Service 

Secretary to Chief Employee Health Service 

Secretary to Chief Maternal and Child Health Service 

Secretary to Chief Medical Rehabilitation and Chronic Care Service 

Secretary to Chief Occupational Health Service 

Secretary to Chief Tuberculosis Prevention Service 

Secretary to Director Administrative Services Branch 

Secretary to Director Claims Service (O.H.I.C.) 

Secretary to Director Environmental Health Services Branch 

Secretaty to Director Financial Services Branch 

Secretary to Director Hospital Management Services Branch 

Secretary to Director Communications Branch 

Secretary to Director Laboratories Services Branch 

Secretary to Director Legal Branch 

Secretary to Director Local Health Services Branch 

Secretary to Director Medical Services Branch 

Secretary to Director Professional Services Branch 

Secretary to Director Special Projects Branch 

Secretary to Director Special Health Services Branch 

Secretary to Executive Assistant Environmental Health Services Branch 

Secretary to Executive Assistant Local Health Services Branch 

Secretary to Executive Assistant Mental Health Division 

Secretary to Executive Assistant Mental Hospitals Branch 

Secretary to Executive Assistant Mental Retardation Branch 

Secretary to Executive Assistant Public Health Division 

Secretary to Executive Assistant Special Health Services Branch 

Secretary to Hospital Administrators 

Secretary to Hospital Superintendents 

Audit Secretary 

Secretary to the Director Probation Services 
Secretary to the Executive Director 
Secretary, Office of the Minister 

Secretary to the Director, Safety and Technical Services 
Secretary to the Executive Assistant to the Deputy Minister 
Secretary to the Executive Assistant to the Minister 

Secretary to Comptroller of Revenue 

General Clerk, Regional Assessment Office 

Secretary to the Regional Assessment Commissioner 

Secretary to the Deputy Managing Director, Development Branch, Ontario Housing 

Corporation 
Secretary to the Deputy Managing Director, Property Management Branch, Ontario 

Housing Corporation 
Secretary to the Vice-Chair and Managing Director, Ontario Housing Corporation 

Secretary to Comptroller of Accounts 

Secretary to Comptroller of Finances 

Secretary to the Director, Taxation and Fiscal Policy Branch 

Secretary to the Executive Assistant, Finance and Economics 

Secretary to the Executive Director, Economics and Statistical Services Division 

Secretaiy to the Executive Director, Policy Planning Division 

Assistant Secretary, Deputy Minister's Office 
Assistant Secretaty, Minister's Office 
Secretary to Executive Assistant to the Minister 
Secretary to Chair, Ontario Police Commission 

Secretary to Assistant Commissioner 
Secretary to Commissioner 



194 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./Règl. 258 



Column I 



Column 2 



Ministry of Government Services 



Ministry of Community and Social Services 



Ministry of Industry and Tourism 



Ontario Development Corporation 



Ministry of Transportation 



Office of The Premier 
Management Board of Cabinet 



Secretary to Deputy Commissioner 

Assistant Secretary to the Minister 

Secretary to the Executive Director, Administrative and Finance Division 

Secretary to the Executive Director of Operations 

Secretary to the Executive Director, Supply Division 

Assistant Secretary, Minister's Office 
Administrative Secretary, Minister's Office 
Assistant Secretary to the Deputy Minister 
Secretary to the Assistant to the Deputy Minister 
Secretary to Senior Executive Officer 

Secretary to Chair, Ontario Economic Council 

Secretary to Executive Director, Business Development Division 

Secretary to Executive Director, Administrative Services Division 

Secretary to Executive Director, Communications Division 

Secretary to Executive Co-ordinator, Research Services Division 

Secretary to Executive Director, Special Projects Branch 

Secretary to Executive Co-ordinator, Field Services Division— Ontario 

Secretary to Executive Co-ordinator, Field Services Division— International 

Secretary to General Manager, Ontario Place 

Secretary to Director, Office of Standards, Designs and Innovations 

Secretary to the General Manager, St. Lawrence Parks Commission 

Managing Director 

Secretary to the Managing Director 

Deputy Managing Director 

Secretary to the Deputy Managing Director 

Secretary to Bridge Engineer 

Secretary to Claims Engineer 

Secretary to District Engineer 

Secretary to Estimating Engineer 

Secretary to Manager, Special Services 

Secretary to Superintendent Engineering Surveys 

Secretary to Superintendent of Surveys 

Secretary to Regional Director 

Secretary to Material Testing Engineer 

Secretary to Director, Legal Branch 

Secretary to Financial Comptroller 

Secretary to Executive Director, Research Division 

Secretary to Director Services 

Secretary to Director Municipal Branch 

Secretary to Director Driver Branch 

Secretary to Director Vehicle Branch 

Secretary to Deputy Registrar, Motor Vehicles 

Secretary to Director Construction Branch 

Secretary to Director Maintenance Branch 

Secretary to Director System Design Branch 

Secretary to Director Design Services Branch 

Secretary to Director Economics Branch 

Secretary to Director Communications Branch 

Secretary to Director Engineering Research Branch 

Secretary to Director Systems Research Branch 

Secretary to Director Systems Planning Branch 

Secretary to Director Environmental Planning Branch 

Secretary to Director of Right of Way and Superintendent of Properties 

Secretary to Director Transportation Operations Branch 

Secretary to Director Audit and Management Systems Branch 

Secretary to Registrar, Motor Vehicles 

Secretary, Appointments and Inquiry 
Clerk, Records and Filing 

Secretary to Executive Director, Management Services Division 
Secretary to Executive Director, Program and Estimates Division 
Secretary to Secretary of the Management Board 



R.R.O. 1980, Reg. 232, Sched. 2. 



195 



Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258 

Form 1 

Crown Employees Collective Bargaining Act 

STATEMENT TO THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL UNDER SECTION 47 OF THE ACT 

To: The Ontario Public Service Labour Relations Tribunal 

The employee organization referred to below submits to the Tribunal the following statement pursuant to the requirements of section 47 of 
the Act. 

1. The name of the employee organization is 

2. The address of the headquarters of the employee organization in Ontario to which communications for the purposes of the Act may be 

directed is 

(street and number or rural route number and if 

multi-office building give room number) 

(name of municipality or post office) 

3. A copy of the constitution and of the by-laws of the employee organization are included with and form part of this statement. 

4. The name and address of each officer of the employee organization and the position held by each such officer is as set out in Schedule A 
attached to and forming part of this statement. 

5. The name and address of each officer of the employee organization resident in Canada (other than a person performing primarily clerical 
or stenographic duties), the position held by the officer and the date and manner of his or her election or appointment are as set out in 
Schedule B attached to and forming part of this statement. 

6. The name and address of each employee of the employee organization resident in Canada (other than a person performing primarily cleri- 
cal or stenographic duties), the position held by the employee and the date and manner of his or her election or appointment are as set out 
in Schedule C attached to and forming part of this statement. 

7. A financial statement as required by clause 47 (1) (f) of the Act, consisting of a balance sheet and a statement of income and expenditure 
in Form 2, is included with and forms part of this statement. 

8. The financial statement referred to in paragraph 7 is: 

(a) a financial statement for the latest complete fiscal year of the employee organization ending on , 



month day 

.; or 



year 

(b) a financial statement for the period from , to 

month day year month 



, if the employee organization has not been in existence for a complete fiscal year. 

day year 

CERTIFICATE 

Dated at , this day of ,19 



We, , president of the employee organization herein, 

(name of president of employee organization) 

and , treasurer of the employee organization herein, 

(name of treasurer of employee organization) 
severally certify that the information contained in this statement is true and accurate. 



(president of the employee organization) 



(treasurer of the employee organization) 
Dated at , this day of , 19 



196 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./Règl. 258 



Schedule A 



1. Name of officer in full, including all given 
names. 


2. Residence address, giving street and num- 
ber or rural route number and municipal- 
ity or post office and province. 


3. Position held by officer with employee 
organization. 









Schedule B 



1. Name of officer in 
full, including all 
given names. 


2. Residence ad- 
dress, giving street 
and number or 
rural route num- 
ber and municipal- 
ity or post office 
and province. 


3. Position held by 
officer with em- 
ployee organiza- 
tion. 


4. Whether elected 
or appointed to 
position. 


5. Date of election or 
appointment. 


6. Name of officer or 
employee who 
made the appoint- 
ment, or in the 
case of election, 
name of body that 
elected officer. 















Schedule C 



1. Name of employee 
in full, including 
all given names. 


2. Residence ad- 
dress, giving street 
and number or 
rural route num- 
ber and municipal- 
ity or post office 
and province. 


3. Position held by 
employee with 
employee organi- 
zation. 


4. Whether elected 
or appointed to 
position. 


5. Date of election or 
appointment. 


6. Name of officer or 
employee who 
made the appoint- 
ment, or in the 
case of election, 
name of body that 
elected employee. 















R.R.O. 1980, Reg. 232, Form 1. 
Form 2 
Crown Employees Collective Bargaining Act 
STATEMENT OF INCOME AND EXPENDITURE OF EMPLOYEE ORGANIZATION 



•Strike out For the 'fiscal year commencing . 

inapplicable term *period 

ending 



month 



month 



day 
day 



year 



year 



197 



Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258 

Income of the Employee Organization 

L Net dues and assessments, - $ 

(a) from persons resident in Canada 

(b) from all other persons 

2. Interest 

3. Dividends 

4. Rents 

5. Other income (indicate sources) 

6. Total income (sum of items 1 to 5) 

Expenditure of the Employee Organization 

7. Gross salaries, wages and other remuneration, 

(a) of officers and employees resident in Canada 

(b) of all other officers and employees 

8. Office and administrative expenditure 

9. Professional fees and expenses 

10. Pension and welfare benefits paid by the employee organization, 

(a) to beneficiaries resident in Canada 

(b) to all other beneficiaries 

11. Contributions by the employee organization to pension and welfare plans 

administered by entities separate from the employee organization 

12. Depreciation on fixed assets 

13. Other expenditures (state purposes) 

14. Total expenditure (sum of items 7 to 13) 

15. Net Income of the employee organization (item 6 minus item 14) 

R.R.O. 1980, Reg. 232, Form 2. 
Form 3 
Crown Employees Collective Bargaining Act 

AFFIDAVIT BY PRESIDENT AND TREASURER OF EMPLOYEE ORGANIZATION FILED PURSUANT TO 

SECTION 47 (2) OF THE ACT 

We , president 

(name of president of employee organization) 

of 

(name of employee organization) 

and , treasurer 

(name of treasurer of employee organization) 

of , severally 

(name of employee organization) 
make oath and say: 

1. We are the president and treasurer respectively of the 

(name of employee organization) 
and as such have knowledge of the matters hereinafter deposed to. 

2. During the entire period ending , reported upon in the financial statement of the employee 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 

organization dated 

(date of financial statement) 
to be filed with the Ontario Public Service Labour Relations Tribunal with this affidavit the said employee organization was at all times 
qualified as an employee organization under the Crown Employees Collective Bargaining Act. 

Severally Sworn Before Me: 

at 

in the of 

this 

day of ,19 



(signature of president of employee organization) 



A Commissioner, etc. (signature of treasurer of employee organization) 

R.R.O. 1980, Reg. 232, Form 3. 

Form 4 

Crown Employees Collective Bargaining Act 

APPLICATION FOR REPRESENTATION RIGHTS BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

Between: 

Applicant, 

— and— 

the Crown in right of Ontario, 

Respondent. 

The applicant applies to the Ontario Public Service Labour Relations Tribunal for representation rights as bargaining agent of the employees 
of the respondent in a unit that it claims to be appropriate for collective bargaining. 

The applicant states: 

1. (a) address of applicant: 

(b) address of applicant for service: 

2. Detailed description of the unit of employees of the respondent that the applicant claims to be appropriate for collective bargaining: 

3. Approximate number of employees in the unit described in paragraph 2: 

4. The name and address of any employee organization known to the applicant as claiming to be the bargaining agent of, or as claiming to 
represent, any employees who may be affected by this application: 

5. Other relevant statements (attach additional pages if necessary): 

Dated at this day of , 19 



(signature for the applicant) 

R.R.O. 1980, Reg. 232, Form 4. 



File No. . 



Forms 

Crown Employees Collective Bargaining Act 
NOTICE OF FIXING TERMINAL DATE BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 
Between: 

Applicant, 
— and— 

Respondent. 

199 



Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258 

To The Applicant, 

1. Take Notice that, in accordance with the Tribunal's direction, I have fixed the day of , 19 , 

as the terminal date for this application. 

2. Your attention is directed to subsections 10(1) and (2) of the rules of procedure which read as follows: 

(1) Evidence of membership in an employee organization or of objection by employees to representation rights of an employee organiza- 
tion or of signification by employees that they no longer wish to be represented by an employee organization shall not be accepted by 
the Tribunal on an application for representation rights or for a declaration terminating rights unless the evidence is in writing, signed by 
the employee or each member of a group of employees, as the case may be, and, 

(a) is accompanied by, 

(i) the return mailing address of the person who files the evidence, objection or signification, and 
(ii) the name of the body, if any, representing the employer; and 

(b) is filed not later than the terminal date for the application. 

(2) No oral evidence of membership in an employee organization or of objection by employees to representation rights of an employee 
organization or of signification by employees that they no longer wish to be represented by an employee organization shall be accepted 
by the Tribunal except to identify and substantiate the written evidence referred to in subsection (1). 



3. The hearing of the application by the Tribunal will take place at 

, Ontario, on day, the day of , 19. 



Dated at this day of , 19., 



Registrar 

R.R.O. 1980, Reg. 232. Form 5. 
Form 6 

Crown Employees Collective Bargaining Act 

NOTICE OF APPLICATION FOR REPRESENTATION RIGHTS AND OF HEARING BEFORE THE ONTARIO PUBLIC SERVICE 

LABOUR RELATIONS TRIBUNAL 

Between: 

Applicant, 

— and— 
the Crown in right of Ontario, 

Respondent, 
To The Respondent, 

1. Take Notice that the applicant, on , 19 , made an application to the Ontario Public Service Labour Rela- 
tions Tribunal for representation rights as bargaining agent of your employees in a bargaining unit described in the attached copy of the applica- 
tion. 

2. You are required to post the enclosed Notices to Employees of Application for Representation Rights and of Hearing (Form 7), immedi- 
ately. These notices are to be posted in conspicuous places where they are most likely to come to the attention of all employees who may be 
affected by the application. You shall keep them posted upon your premises until the close of business on the terminal date set out in paragraph 
4. 

3. You shall complete and send to the Tribunal immediately the Return of Posting (Form 17), which is attached hereto. 

4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19 

5. You shall send to the Tribunal your reply so that, 

(a) it is received by the Tribunal not later than the terminal date shown in paragraph 4; or 

(b) if it is mailed by registered mail addressed to the Tribunal at its office, 

, Ontario, it is mailed not later than the terminal date shown in paragraph 4. 

6. If, in your reply, you propose a bargaining unit different from the one proposed by the applicant, you shall indicate on the list of employ- 
ees in the Schedule to your reply the name and classification of any person you propose should be excluded from, as well as the name and classifi- 
cation of any person you propose should be added to, the bargaining unit proposed by the applicant and you shall forward to the Tribunal appro- 
priate documents containing the signatures of any additional person. 

200 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 

7. And Further Take Notice of the hearing of the application by the Tribunal at 

, Ontario, on the day of , 19 , at o'clock in 

the noon. 

Dated this day of , 19 



Registrar 

R.R.O. 1980, Reg. 232, Form 6. 

File No 



Form 7 

Crown Employees Collective Bargaining Act 

NOTICE TO EMPLOYEES OF APPLICATION FOR REPRESENTATION RIGHTS 

AND OF HEARING 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

Between: 

Applicant, 

— and— 

the Crown in right of Ontario, 

Respondent. 

Notice to Employees: 

1. Take Notice that the applicant, on , 19 , made an application to the Ontario Public Service Labour Rela- 
tions Tribunal for representation rights as bargaining agent of 

in the following bargaining unit: 

2. Your attention is directed to the following information contained in the application: 

3. The hearing of the application by the Tribunal will take place at its 

, Ontario, on day, the day of , 19 , at 

o'clock in the noon. 

4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19 



5. Any employee or group of employees affected by the application and desiring to make representations to the Tribunal in opposition to 
this application shall send to the Tribunal a statement in writing of such desire, which shall, 

(a) contain the return mailing address of the employee or representative of a group of employees; 

(b) contain the name of the body, if any, representing the respondent employer; and 

(c) be signed by the employee or each member of a group of employees. 

6. The statement of desire must be, 

(a) received by the Tribunal not later than the terminal date shown in paragraph 4; or 

(b) if it is mailed by registered mail addressed to the Tribunal at its office, 

, Ontario, mailed not later than the terminal date shown in paragraph 4. 

7. A statement of desire that does not comply with paragraphs 5 and 6 will not be accepted by the Tribunal. 

8. Any employee, or group of employees, who has informed the Tribunal in writing of his, her or their desire in accordance with paragraphs 
5 and 6 may attend and be heard at the hearing in person or by a representative. Any employee or representative who appears at the hearing will 



201 



Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./RègL 258 

be required to testify, or produce a witness or witnesses who will be able to testify from personal knowledge and observation, as to (a) the cir- 
cumstances concerning the origination of the material filed, and (b) the manner in which each of the signatures was obtained. 

Dated this day of , 19 



Registrar 

R.R.0. 1980, Reg. 232, Form 7. 

File No 

Forms 

Crown Employees Collective Bargaining Act 

DECLARATION CONCERNING MEMBERSHIP DOCUMENTS BEFORE THE ONTARIO PUBLIC SERVICE LABOUR 

RELATIONS TRIBUNAL 

Between: 

Applicant, 

— and— 

the Crown in right of Ontario, 

Respondent, 

— and— 

Intervener. 



•Strike out word I, , the 

not applicable (name) (office) 

of the .. ^^ herein declare that, to the best of my knowledge, information and belief; 

mtervener 

1. The documents submitted in support of the application represent documentary evidence of membership on behalf of 

*3nnl ic3nt 
persons who were employees of the respondent in the bargaining unit that the ,. herein 

(number) 

claims to be appropriate for collective bargaining, on the date of the making of the application. 

2. There were persons who were employees of the respondent in the bargaining unit that the 

(number) 

.. ^^ herein claims to be appropriate for collective bargaining on the date of the making of the application, 

mtervener 

3. (Where the documentary evidence consists of receipts or other acknowledgements of the payment on account of dues or 
initiation fees.) On the basis of my personal knowledge and inquiries I have made, I state that the persons whose names 
appear on the receipts or other acknowledgements of the payment on account of dues or initiation fees are the persons 
who actually collected the money paid on account of dues or initiation fees and that each member, on whose behalf a 
receipt or acknowledgement of payment is submitted has personally paid in money the amount shown thereon on his or 
her own behalf to the person whose name appears on the receipt or acknowledgement of payment as collector, EXCEPT 
IN THE FOLLOWING INSTANCES: 

Dated , this day of 19 



(signature) 

R.R.O. 1980, Reg. 232, Form 8. 



202 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 

File No 

Form 9 

Crown Employees Collective Bargaining Act 

REPLY TO APPLICATION FOR REPRESENTATION RIGHTS BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS 

TRIBUNAL 

Between: 

Applicant, 
— and— 
the Crown in right of Ontario, 

Respondent. 
The respondent replies to the application for representation rights as follows: 
The respondent states: 

1. (a) nameof body, if any, representing the respondent: 

(b) address of respondent or body representing respondent for service: 

2. Total number of employees of the respondent on the payroll of the Ministries or agencies or both in respect of which the application for 
representation rights has been made: 

3. Total number of employees in the unit described by the applicant as being appropriate for collective bargaining as of the date the appli- 
cation was made: 

4. Detailed description of the unit claimed by the respondent to be appropriate for collective bargaining, including the municipality or 
other geographical area affected: 

5. Number of employees in the unit claimed by the res(>ondent to be appropriate for collective bargaining as of the date the application 
was made: 

6. The name and address of any employee organization known to the respondent or the body representing the respondent as claiming to be 
the bargaining agent of or to represent any employees who may be affected by the application: 

7. The date of the grant of any representation rights of a bargaining agent of any employees who may be affected by the application: 
*Strike out if not 

applicable 

*8. The respondent is or was a party to or bound by a collective agreement, a copy of which is enclosed, with an employee organization 
that, 

(a) was signed on the day of , 19 

(b) became effective on the day of , 19 

(c) contains the following provision relating to its termination or renewal: 

9. A list is set out in the Schedule hereto of all employees in the bargaining unit described in the application as at the date 

when the applicant's application was made. 

10. Documents, from among existing employment records, containing the signatures of the employees whose names appear on the list 
referred to in paragraph 9, arranged in alphabetical order, accompany this Reply. 

11. Other relevant statements (use additional pages if necessary): 

Dated , this day of , 19 



(signature for the respondent) 
Schedule 
1. List (alphabetically arranged) of all employees in the bargaining unit described in the application of the applicant as at the . 
day of , 19 (Do not include the names of employees that appear in paragraphs 2 or 3) 

203 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



Name 


Occupational Classification 


L 
2. 
3. 
4. 
5. 





2. List (alphabetically arranged) of all employees who were not actually at work on the day of . 

19 by reason of lay-off, in the bargaining unit described in the application of the applicant. 



Name 


Occupational 
Classification 


Date of 
Lay-off 


Expected Date 
of Recall 


1. 
2. 
3. 
4. 
5. 









3. List (alphabetically arranged) of all employees not previously shown who were not at work on the . 
19 , in the bargaining unit described in the application of the applicant. 



. day of 



Name 


Occupational 
Classification 


Last Day 
Worked 


Reason for 
Absence 


Expected 
Date of 
Return 


1. 
2. 
3. 
4. 
5. 











This list has been prepared by me or under my direction and I confirm the accuracy thereof. 



(signature of officer of employer) 

R.R.0. 1980, Reg. 232, Form 9. 



FlL£ No. . 



Between: 



Form 10 

Crown Employees Collective Bargaining Act 
NOTICE OF APPLICATION BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

—and — 
the Crown in right of Ontario, 



Applicant, 



Respondent. 



To: 



1. Take Notice that the applicant, on 19 , made to the Ontario Public Service Labour Relations Tribunal 

an application for representation rights as bargaining agent of the employees of the respondent in a bargaining unit described in the attached 
copy of the application. 

2. And Further Take Notice that if you claim to represent any of the employees affected by the application, you shall send to the Tribunal 
your intervention thereon so that, 

(a) it is received by the Tribunal; or 

(b) if mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed, 

not later than the terminal date fixed for this application as directed by the Tribunal, which terminal date is the day of 



204 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 

, 19 , and that if you fail to send an intervention not later than the day of , 19 , 

you may be deemed by the Tribunal to have abandoned your claim, if any, to represent any of the employees who may be affected by the applica- 
tion. 

Dated this day of , 19 



Registrar 

R.R.O. 1980, Reg. 232, Form 10. 

File No 



Form 11 

Crown Employees Collective Bargaining Act 

INTERVENTION BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

Between: 

Applicant, 
— and — 

Respondent. 

intervenes in this proceeding. 



(name of intervener) 
1. The intervener states: 

(a) address of intervener: 

(b) address of intervener for services: 

•Strike out if not 
applicable. 

*2. The intervener is an employee organization that, 

*(a) represents employees; or 

*(b) is the bargaining agent of employees who may be affected by the application. 

OR 

*3. The intervener is the employer of the employees affected by this application. 

•4. The intervener submits with this intervention the following documentary evidence: 

5. The intervener desires to make the following submissions: 

Dated at , this day of , 19.. 



(signature for the intervener) 

R.R.O. 1980, Reg. 232, Form 11. 



File No. . 



Form 12 

Crown Employees Collective Bargaining Act 

NOTICE OF INTERVENTION AND APPLICATION FOR REPRESENTATION RIGHTS BEFORE THE ONTARIO PUBLIC SERVICE 

LABOUR RELATIONS TRIBUNAL 

Between: 

Applicant, 

205 



Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258 

— and— 

the Crown in right of Ontario, 

Respondent, 

— and— 

Intervener. 

The intervener applies to the Ontario Public Service Labour Relations Tribunal for representation rights as bargaining agent of the employ- 
ees of the respondent in a unit that it claims to be appropriate for collective bargaining. 

The intervener states: 

1. (a) address of intervener: 

(b) addressof intervener for service: 

2. Detailed description of the unit of employees of the respondent that the intervener claims to be appropriate for collective bargaining, 
including the municipality or other geographic area affected: 

3. Approximate number of employees in the unit described in paragraph 2: 

4. Other relevant statements (attach additional pages if necessary): 

Dated at , this day of , 19 



(signature for the intervener) 

R.R.O. 1980, Reg. 232, Form 12. 
Form 13 

Crown Employees Collective Bargaining Act 

NOTICE OF TAKING OF VOTE BY 

ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

PURPOSE OF VOTE 

Whereas 

has applied to the Tribunal for 

certain employees of 

And Whereas the Tribunal has directed a representation vote in the matter: 

Therefore Take Notice that, under the direction of the Tribunal, a representation vote of the employees described below will be taken 
under the supervision of officials of the Tribunal. 

SECRET BALLOT 

The vote shall be by secret ballot. The Returning Officer will issue a ballot to each eligible voter presenting himself or herself to vote at the 
proper polling place. The voter will mark the ballot in secret in a polling booth, fold it and deposit it in the ballot box provided at the polling 
place. The Returning Officer is the proper person to whom inquiries should be directed by employees who are in doubt as to their eligibility to 
vote or as to the voting procedure. 

ELECTIONEERING 

I direct all interested persons to refrain and desist from propaganda and electioneering from midnight of day, 

the day of , 19 , until the vote is taken. 

SCRUTINEERS 

One scrutineer approved by me and representing each interested party may be designated for each polling place. The scrutineers have the 
following duties and privileges: 

1 . To act as checkers of voters' lists at the polling place. 

2. To assist in the identification of voters. 

3. Otherwise to assist in the conduct of the vote as may be required by the Returning Officer. 

ELIGIBLE VOTERS 
Persons eligible to vote are: 

206 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./Règl. 258 



TIME AND PLACE OF TAKING VOTE 
Voters may cast ballots at their proper polling place at any time during the period in which voting is to take place. 
The vote will be taken at the following time and place: 
Date: 



Hours: 

Place: . 



FORM OF BALLOT 



This is a sample of the ballot to be used for the vote: 



Mark "X" opposite your choice 

IN YOUR EMPLOYMENT RELATIONS WITH 

DO YOU WISH TO BE REPRESENTED BY 


OR 




OR 




No employee organization 





DO NOT SIGN, NUMBER, OR OTHERWISE MARK YOUR 
BALLOT IN SUCH A WAY AS TO REVEAL YOUR IDENTITY. 

VOTERS ARE ENTITLED TO VOTE WITHOUT INTERFERENCE, RESTRAINT OR COERCION. 
THIS IS AN OFFICIAL NOTICE OF THE TRIBUNAL AND SHALL NOT BE REMOVED OR DEFACED. 



Dated at this . 



. day of . 



.,19.. 



R.R.O. 1980, Reg. 232, Form 13. 



Fiix No. . 



Form 14 

Crown Employees Collective Bargaining Act 

NOTICE OF REPORT OF RETURNING OFFICER BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 
Between: 

Applicant, 
— and— 
the Crown in right of Ontario, 

Respondent, 
— and— 

Intervener. 
To: 

1. Attached hereto is a copy of my report upon the representation vote herein held on the 

day of , 19 , under the direction of the Tribunal dated the day of , 

19 

2.— (1) Take Notice that if you desire to make representations as to any matter relating to the representation vote, or as to the accuracy of 
the report, or as to the conclusions the Tribunal should reach in view of the report, you shall send to the Tribunal a statement of desire to make 
representations which shall, 

(a) be in writing signed by the person making the statement or a representative; 

(b) contain the names of the parties to the application; 

207 



Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258 

(c) contain a return mailing address; and 

(d) contain a statement as to whether you desire a hearing before the Tribunal in connection with the report. 

(2) If you desire to make representations as to any matter relating to the representation vote, or as to the accuracy of the report, your state- 
ment of desire shall contain a concise statement of your allegations concerning the representation vote or as to errors in or omissions from the 
report. 

(3) If you wish to make representations as to the conclusions the Tribunal should reach in view of the report, you shall include in your state- 
ment a summary of the representations you wish the Tribunal to consider in connection with the report. 

3. A statement referred to in paragraph 2 shall be sent to the Tribunal so that, 

(a) it is received by the Tribunal not later than the day of , 

19 ;or 

(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later 

than the day of , 19 

Dated at , this day of , 19 



Returning Officer 

R.R.O. 1980, Reg. 232, Form 14. 

File No 



Form 15 

Crown Employees Collective Bargaining Act 

NOTICE OF REPORT OF RETURNING OFFICER 

WHERE TRIBUNAL HAS DIRECTED THAT BALLOT BOX 

BE SEALED 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

Between: 

Applicant, 

—and — 

the Crown in right of Ontario, 

Respondent, 

— and— 

Intervener. 

To: 

1. Attached hereto is a copy of my report upon the representation vote herein held on the 

day of , 19 , under the direction of the Tribunal dated the day of , 19 

2. The Tribunal has directed that the ballot box containing the ballots cast in the representation vote be sealed and that the ballots shall not 
be counted at this time. 

3.— (1) Take Notice that if you desire to make representations, as to any matter relating to the representation vote, you shall send to the 
Tribunal a statement of desire to make representations which shall, 

(a) be in writing signed by the person making the statement or a representative; 

(b) contain the names of the parties to the application; 

(c) contain a return mailing address; and 

(d) contain a statement as to whether you desire a hearing before the Tribunal. 

(2) Your statement of desire shall contain a summary of the representations you wish the Tribunal to consider. 
4. A statement referred to in paragraph 3 shall be sent to the Tribunal so that, 

(a) it is received by the Tribunal not later than the day of , 19 ; or 

208 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./RègL 258 



(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later 

than the day of 19 

Dated at , this day of , 19 



Returning Officer 

R.R.0. 1980, Reg. 232, Form 15. 



File No. . 



Between: 



Form 16 

Crown Employees Collective Bargaining Act 

NOTICE OF REPORT OF RETURNING OFFICER 

ON COUNTING OF BALLOTS 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



-and- 



the Crown in right of Ontario, 



-and- 



Applicant, 



Respondent, 



Intervener. 



To: 

1. Attached hereto is a copy of my report upon the counting of the ballots in the representation vote herein held on the . 
day of , 19 , under the direction of the Tribunal dated the day of 



19., 



2.— (1) Take Notice that if you desire to make representations as to the accuracy of the report, or as to the conclusions the Tribunal should 
reach in view of the report, you shall send to the Tribunal a statement of desire to make representations which shall, 

(a) be in writing signed by the person making the statement or a representative; 

(b) contain the names of the parties to the application; 

(c) contain a return mailing address; and 

(d) contain a statement as to whether you desire a hearing before the Tribunal in connection with the report. 

(2) If you desire to make representations as to the accuracy of the report, your statement of desire shall contain a concise statement of your 
allegations concerning the errors in or omissions from the report. 

(3) If you wish to make representations as to the conclusions the Tribunal should reach in view of the report, your statement shall contain a 
summary of the representations you wish the Tribunal to consider in connection with the report. 

3. A statement referred to in paragraph 2 shall be sent to the Tribunal so that, 

(a) it is received by the Tribunal not later than the day of ,19 ;or 

(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later than 

the day of , 19 

Dated at , this day of , 19 



Returning Officer 

R.R.O. 1980, Reg. 232, Form 16. 



209 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



File No. 



Form 17 

Crown Employees Collective Bargaining Act 

RETURN OF POSTING 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



Between: 



— and- 



Applicant, 

Respondent. 

I, hereby declare that: 

(name) 

1. lam the , of the employer. 

(office or position) 

2. I did, on the day of , 19 , post upon the premises of the employer 

(number) 
notices to employees in this matter, in conspicuous places where they are most likely to come to the attention of all employees who may 
be affected by the application. 



Dated at , this . 



, day of . 



., 19.. 



(signature) 



Re: 



I, have ascertained from employees affected 

(name of representative) 

by this application that the Notices to Employees (Form ) were posted by the employer on 



(representative of applicant) 

R.R.0. 1980, Reg. 232, Form 17. 



File No. 



Between: 



Form 18 

Crown Employees Collective Bargaining Act 

NOTICE OF HEARING 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



-and- 



— and— 



To: 

Take Notice of the hearing by the Tribunal of 

at , Ontario, on day the , day of . 

19 , at o'clock in the noon. 

Dated this day of , 19 



Applicant, 

Respondent, 

Intervener. 



Registrar 

R.R.O. 1980, Reg. 232, Form 18. 



210 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 

Form 19 

Crown Employees Collective Bargaining Act 

NOTICE OF REPORT OF INQUIRY OFFICER 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



Between: 



— and- 



— and— 



Applicant, 

Respondent, 

Intervener. 



To: 

1. Attached hereto is a copy of the report of upon the inquiry authorized under the Tribunal's direction, dated 

the day of , 19 , in this matter. 

2. — (1) Take Notice that if you desire to make representations as to the accuracy of the report or as to the conclusions the Tribunal should 
reach in view of the report, you shall send to the Tribunal a statement of desire to make representations which shall, 

(a) be in writing signed by the person making the statement or by a representative; 

(b) contain the names of the parties to the application; 

(c) contain a return mailing address; and 

(d) contain a statement as to whether you desire a hearing before the Tribunal in connection with the report. 

(2) If you desire to make representations as to the accuracy of the report, your statement of desire shall contain a concise statement of your 
allegations as to errors in or omissions from the report. 

(3) If you wish to make representations as to the conclusions the Tribunal should reach in view of the report, your statement shall contain a 
summary of the representations you wish the Tribunal to consider in connection with the report. 

3. A statement referred to in paragraph 2 shall be sent to the Tribunal so that, 

(a) it is received by the Tribunal not later than the day of ,19 ,or 

(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later 

than the day of 

19 

Dated at , this day of , 19 



Registrar 

R.R.O. 1980, Reg. 232, Form 19. 

FilxNo 



Form 20 

Crown Employees Collective Bargaining Act 

APPLICATION FOR DECLARATION 

TERMINATING REPRESENTATION RIGHTS 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

Between: 

Applicant, 

— and— 

Respondent. 



211 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



The applicant applies to the Ontario Public Service Labour Relations Tribunal under section , 

(24, 25) 
no longer represents the employees in the bargaining unit for which it is the bargaining agent. 



of the Act for a declaration that the respondent 



The applicant states: 

1 . Address of applicant : 

2. Address of applicant for service: 

3. Address of respondent: 
*4. Name of agency, if any, of employer of employees affected by the application: 

5. Address of agency of employer: 



*To be com- 
pleted if appli 
cant is not 
employer. 



•Strike out this 
paragraph if not 
applicable. 



6. Detailed description and geographic location of the unit of employees for which the respondent is the bargaining 
agent, including the municipaUty or other geographic area affected: 

7. Approximate number of employees in the unit described in paragraph 6: 

8. Other relevant statements (attach additional pages if necessary): 

*9. (Where the application is made under section 24 of the Act). The applicant submits with the application the document 
or documents by which employees in the bargaining unit have voluntarily signified in writing that they no longer wish 
to be represented by the respondent.) 



Dated at , this . 



. day of 



19. 



(signature for the applicant) 

R.R.O. 1980, Reg. 232, Form 20. 



File No. . 



Between: 



Form 21 

Crown Employees Collective Bargaining Act 

NOTICE OF APPLICATION FOR DECLARATION 

TERMINATING REPRESENTATION RIGHTS AND OF HEARING 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



-and- 



Applicant, 
Respondent. 



To The Respondent: 



1. Take Notice that the applicant, on , 19 , made an application to the Ontario Public Service Labour Rela- 
tions Tribunal for a declaration that the respondent no longer represents the employees of the Crown in right of Ontario in the bargaining unit 
described in the attached copy of the application. 

2. The terminal date fixed for the application as directed by the Tribunal is the day of , 19 

3. You shall send to the Tribunal your reply so that, 

(a) it is received by the Tribunal not later than the terminal date shown in paragraph 2; or 

(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later 

than the terminal date shown in paragraph 2. 

4. And Further Take Notice of the hearing of the application by the Tribunal at , Ontario, on 

day, the day of , 19 , at o'clock in the noon. 

Dated this day of , 19 



Registrar 

R.R.O. 1980, Reg. 232, Form 21. 



212 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 



File No. 



Between: 



Form 22 
Crown Employees Collective Bargaining Act 

NOTICE TO EMPLOYEES OF APPLICATION FOR 

DECLARATION TERMINATING REPRESENTATION RIGHTS 

AND OF HEARING 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



-and— 



Applicant, 
Respondent. 



Notice to Employees 



1. Take Notice that the appHcant, on , 19 , made to the Ontario Public Service Labour Relations Tribunal 

an application for a declaration that the respondent no longer represents the employees in the following bargaining unit: 

2. Your attention is directed to the following information contained in the application: 

3. The hearing of the application by the Tribunal will take place at , Ontario, on day 

of ,19 , at o'clock in the noon. 

4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19 

5. Any employee or group of employees affected by the application and desiring to make representations to the Tribunal in opposition to 
this application shall send to the Tribunal a statement in writing of such desire, which shall, 

(a) contain the return mailing address of the employee or representative of a group of employees; 

(b) contain the name of the agency, if any, of the employer concerned; and 

(c) be signed by the employee or each member of a group of employees. 

6. The statement of desire must, 

(a) be received by the Tribunal not later than the terminal date shown in paragraph 4; or 

(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, be mailed not later 

than the terminal date shown in paragraph 4. 

7. A statement of desire that does not comply with paragraphs S and 6 will not be accepted by the Tribunal. 

8. Any employee or group of employees informing the Tribunal in writing of his, her or their desire in accordance with paragraphs 5 and 6 
may attend and be heard at the hearing in person or by a representative. Any employee or representative who appears at the hearing will be 
required to testify from personal knowledge and observation, as to (a) the circumstances concerning the origination of the material filed, and (b) 
the manner in which each of the signatures was obtained. 

Dated this day of , 19 



Registrar 

R.R.O. 1980, Reg. 232, Form 22. 



213 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



File No. 



Between: 



Form 23 

Crown Employees Collective Bargaining Act 

REPLY TO APPLICATION FOR DECLARATION 

TERMINATING REPRESENTATION RIGHTS 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



— and— 



Applicant, 



Respondent. 



The respondent replies to the application for a declaration that the respondent no longer represents the employees in the bargaining unit for 
which it is the bargaining agent as follows: 



The respondent states: 



*To be com- 
pleted if appli- 
cant is not the 
employer. 



•Strikeout if not 
applicable 



1 . Correct name of respondent: 

2. Address of respondent: 

3. Address of respondent for service: 

*4. Name of agency of employer of employees affected by the application: 

5 . Address of agency of employer: 

6. Detailed description of the unit of employees for which the respondent is the bargaining agent, including the munici- 
pality or other geographical area affected: 

7. Approximate number of employees in the unit as of the date the application was made: 

8. The date representation rights were granted, if any, of the respondent as bargaining agent of the employees in the unit: 
•9. The respondent is or was a party to or bound by a collective agreement, a copy of which is enclosed herewith, with 

that. 



(name of employer) 

(a) was signed on the day of , 19 ; 

(b) became effective on the day of , 19 ;and 

(c) contains the following provision relating to its termination or renewal: 
10. Other relevant statements (use additional pages if necessary): 

Dated at , this day of , 19 



(signature for the respondent) 

R.R.O. 1980, Reg. 232, Form 23. 



File No. 



Between: 



Form 24 

Crown Employees Collective Bargaining Act 

NOTICE OF APPLICATION FOR DECLARATION 

TERMINATING REPRESENTATION RIGHTS AND OF HEARING 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



— and— 



Applicant, 



Respondent. 



To: 



214 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./Règl. 258 



1. Take Notice that the applicant, on , 19 made an application to the Ontario Public Service Labour Rela- 
tions Tribunal for a declaration that the respondent no longer represents the employees in the bargaining unit described in the attached copy of 
the application. 

2. You are required to post the enclosed notices to employees of application and of hearing (Form 22) immediately. These notices are to be 
posted in conspicuous places where they are most likely to come to the attention of all employees who may be affected by the application. You 
shall keep them posted upon your premises until the terminal date for the application shown in paragraph 4. 

3. You are required to complete and send to the Tribunal the Return of Posting (Form 17) which is attached hereto. 

4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19 

5. You shall send to the Tribunal your intervention to this application as well as the material listed below so that, 

(a) it is received by the Tribunal not later than the terminal date shown in paragraph 4; or 



(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later 

than the terminal date shown in paragraph 4: 

i. A list arranged as in the schedule attached hereto of all employees in the bargaining unit described in the application as at 
, 19 , the date when the applicant's application was made; 

ii. Documents from among existing employment records containing signatures of the employees whose names appear on the 
list referred to above, also arranged in alphabetical order. 

6. You shall certify the list of employees by adding thereto the following statement: 

"This list has been prepared by me or under my instruction and I hereby confirm the accuracy thereof." 



(signature of officer) 

7. And Further Take Notice of the hearing of the application by the Tribunal at , Ontario, on , 

day, the day of 19 , at o'clock in the 

Dated this day of , 19 



Registrar 
Schedule 
1. List (alphabetically arranged) of all employees in the bargaining unit described in the application of the applicant as at the . 
day of , 19 (Do not include the names of employees that appear in paragraphs 2 or 3.) 



Name 


Occupational Classification 


1. 

2. 
3. 
4. 
5. 





2. List (alphabetically arranged) of all employees who were not actually at work on the 

19 by reason of lay-off, in the bargaining unit described in the application of the applicant. 



day of . 



Name 


Occupational 
Classification 


Date of 
Lay-off 


Expected Date 
of Recall 


1. 
2. 
3. 
4. 

5. 









3. List (alphabetically arranged) of all employees not previously shown who were not at work on the . 
in the bargaining unit described in the application of the applicant. 

215 



. day of 



.,19., 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



Name 


Occupational 
Classification 


Last Day 
Worked 


Reason for 
Absence 


Expected 
Date of 
Return 


1. 
2. 
3. 
4. 
5. 











R.R.O. 1980, Reg. 232, Form 24. 
Form 25 
Crown Employees Collective Bargaining Act 

APPLICATION FOR EXEMPTION ON THE GROUNDS OF RELIGIOUS CONVICTION OR BELIEF FROM PAYMENT OF DUES 
OR CONTRIBUTIONS TO AN EMPLOYEE ORGANIZATION AS PROVIDED IN A COLLECTIVE AGREEMENT BEFORE THE 

ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

Between: 



-and- 



-and- 



Applicant, 



Respondent 

Employee 

Organization, 



Respondent 

Employer or 

Agency of the 

Employer 

The applicant applies to the Ontario Public Service Labour Relations Tribunal for exemption on the grounds of religious conviction or belief 
from payment of dues or contributions to an employee Organization in a collective agreement entered into between the employee organization 
and the employer. 

The applicant states: 

1 . Address of applicant for service: 

2. Address of respondent employee organization: 

3. The applicant has been and continues to be an employee of the respondent employer or agency of the employer since 

the day of , 19 

*4.— (1) A collective agreement, a copy of which is appended hereto, was entered into between the employee organization 

and the employer on the day of , 19 , and is operative from the 

day of ,19 , to the day of ,19 

(2) The dues payment or contributions to an employee organization provision from which the applicant is seeking exemp- 
tion is as follows: 

*5. — (1) A collective agreement was entered into between the employee organization and employer but has not been made 
available to the applicant. 

(2) Under the terms of this collective agreement employees are required to pay dues or make contributions to the 
employee organization. 

6. The grounds upon which the applicant seeks exemption (state as concisely as possible the religious conviction or belief 
for objecting to paying dues or making contributions to the employee organization): 



•Strike out if not 
applicable. 



Dated at . 



7. Other relevant statements: 
,this 



. day of . 



., 19.. 



(signature) 

R.R.O. 1980, Reg. 232, Form 25. 



216 



Reg./Règl. 258 



NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE 



Reg./RègL 258 



File No. . 



Between: 



Form 26 

Crown Employees Collective Bargaining Act 

NOTICE OF APPLICATION FOR EXEMPTION FROM PAYMENT OF DUES OR CONTRIBUTIONS 

TO AN EMPLOYEE ORGANIZATION AS PROVIDED IN A COLLECTIVE AGREEMENT 

ON THE GROUNDS OF RELIGIOUS CONVICTION OR BELIEF AND OF HEARING 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



— and- 



-and- 



Applicant, 



Respondent 

Employee 

Organization, 



Respondent 

Employer or 

Representative 

of the 

Employer 



To The Respondent: 



L Take Notice that the applicant, on the day of , 19 , made an application to 

the Ontario Public Service Labour Relations Tribunal for exemption from the payment of dues or contributions to an employee organization pro- 
vision in a collective agreement entered into between the employee organization and the employer. A copy of the application is attached. 

2. You shall send your reply to this application accompanied by the collective agreement between the employee organization and the 
employer to the Tribunal so that, 

(a) it is received by the Tribunal; or 

(b) if mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed, 

not later than the day of , 19 

3. If you fail to send your reply to the Tribunal so that, 

(a) it is received by the Tribunal; or 

(b) if mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed, 

on or before the day of , 19 , the Tribunal may dispose of the application on the evidence 

and representations placed before it by the applicant without further notice to you. 

4. The hearing of the application by the Tribunal will take place at , Ontario, on day, the 

day of , 19 , at o'clock in the noon. 

Dated this day of 19 



Registrar 

R.R.O. 1980, Reg. 232, Form 26. 



File No. 



Form 27 
Crown Employees Collective Bargaining Act 

REPLY TO AN APPLICATION FOR EXEMPTIONS FROM DUES PAYMENT OF CONTRIBUTIONS 

TO AN EMPLOYEE ORGANIZATION AS PROVIDED IN A COLLECTIVE AGREEMENT 

ON THE GROUNDS OF RELIGIOUS CONVICTION OR BELIEF 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



Between: 



Applicant, 



217 



Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258 



-and- 



-and— 

Respondent 

Employee 

Organization 

Respondent 

Employer or 

Representative 

of the 

Employer 

The respondent replies to the application for exemption from the payment of dues or contributions to an employee organization provision in 
a collective agreement between the employee organization and employer as follows: 

1 . Correct name of respondent: 

2. Address of respondent: 

3. Address of respondent for service: 

4. A collective agreement, a copy of which is enclosed, was entered into between the employee organization and the employer on the 

day of , 19 , and is operative from the day of , 

19 , to the day of ,19 

5. The provision respecting the payment of dues or contributions to an employee organization in the collective agreement is as follows: 

6. The respondent replies to the application as follows: 

Dated at , this day of , 19 



(signature for the respondent) 

R.R.0. 1980, Reg. 232, Form 27. 

Form 28 

Crown Employees Collective Bargaining Act 

COMPLAINT UNDER SECTION 30 OF THE ACT 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 

Between: 

Complainant, 

— and— 

Respondent. 

The complainant complains that the grievor(s) named in paragraph 5 has (have) been dealt with by the respondent contrary to the provisions 

of section(s) 

(specify relevant section(s) ) 

of the Crown Employees Collective Bargaining Act, and requests 



that . 



(state relief sought by grievor(s)) 

1. Name of complainant: 

2. Address of complainant for service: 

3. Name of respondent: 

4. Address of respondent: 

5. Name(s)ofgrievor(s): 

6. Address(es) and telephone number(s) of grievor(s): 

•Strike out if not *J, Name of any other person or organization that may be affected by the complaint: 

applicable. 

218 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 

8. Address of person, or organization that may be affected by the complaint: 

9. The following is a concise statement of the nature of each act or omission complained of (use additional sheets if 
necessary). 

On or about the grievor(s) was 

(date of alleged violation) 



(were) dealt with by 

(the respondent where respondent is an individual) 

(or name and position with respondent) 
of the respondent contrary to the provisions of section(s) 



of the Crown Emplt^ees Collective Bargaining Act in that he or she did on his or her own behalf or on behalf of the 
respondent: 

10. The following steps have been taken on behalf of the grievor(s) for the adjustment of the matters giving rise to the 
complaint (if none has been taken state the reason why): 

1 1 . The person or organization set out above in paragraph 7 is affected by the complaint for the following reason(s): 

12. Other relevant statements: 

Dated at , this day of , 19 



(signature of complainant) 

R.R.O. 1980, Reg. 232, Form 28. 
Form 29 
Crown Employees Collective Bargaining Act 



COMPLAINT UNDER SECTION 32 OF THE ACT 

(FAILURE TO COMPLY WITH THE TERMS OF SETTLEMENT OF PRIOR COMPLAINT) 

BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



Between: 



— and— 



Complainant, 

Respondent. 

The complainant complains that the respondent has not complied with the terms of settlement of complaint made under section 32 of the 
Crown Employees Collective Bargaining Act contrary to subsection (5) of that section. 

1. On a complaint under section 32 

(date) 

was filed with the Tribunal and on 

(date) 
the parties entered into a written settlement of that complaint (a signed copy of which is filed herewith). 

2. The respondent has failed to comply with the terms of the settlement as follows: 

(state how respondent has not complied with terms of settlement, giving full particulars) 

3. Name of complainant: 

4. Address of complainant for service: 

5. Name of respondent: 

6. Address of respondent: 

•Strike out if not «7. Name of intervener: 

applicable. 

*8. Address of intervener: 



9. Name(s)of grievor(s): 
10. Address(es) or grievor(s): 



219 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



11. The following steps have been taken on behalf of the complainant to obtain compliance with the terms of the settle- 
ment: 



Between: 



To: 



12. Other relevant statements: 



13. The complainant requests that the respondent be required to: 

(state specific relief sought by grievor(s) ) 



Dated at , this . 



. day of . 



.,19., 



(signature of complainant) 

R.R.O. 1980, Reg. 232, Form 29. 



File No. 



Form 30 

Crown Employees Collective Bargaining Act 

NOTICE OF INQUIRY INTO COMPLAINT UNDER SECTION 32 OF THE ACT 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



-and- 



Complainant, 



Respondent. 



1. Take Notice that has been authorized by the Ontario Public Service Labour Relations Tribunal on the 

. day of ,19 to inquire into the complaint of the complainant that 



and to report to the Tribunal. 

2. And Further Take Notice that the inquiry by 

on day, the day of , 

in the noon. 

Dated this day of , 19 



19. 



o'clock 



Registrar 

R.R.O. 1980, Reg. 232, Form 30. 



File No. 



Form 31 

Crown Employees Collective Bargaining Act 

REPLY TO COMPLAINT UNDER SECTION 32 OF THE ACT 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



Between: 



Complainant, 



220 



Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258 

— and— 

Respondent. 
The respondent states in reply to the complaint of the complainant as follows: 

1. Correct name of respondent: 

2. Address of respondent: 

3. Address of respondent for service: 

4. Name, if any, of any other person or organization that may be affected by the complaint: 

5. Address of person or organization that may be affected by the complaint: 

6. The person or organization set out above in paragraph 4 is affected by the complaint for the following reason(s): 

7. The respondent replies to the complaint as follows: 

Dated at , this day of , 19 



(signature for the respondent) 

R.R.0. 1980, Reg. 232, Form 31. 



File No. . 



Form 32 

Crown Employees Collective Bargaining Act 

INTERVENTION IN COMPLAINT UNDER SECTION 32 OF THE ACT 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



Between: 



Complainant, 
-and— 

Respondent. 
intervenes 



(name of intervener) 
in this proceeding. 

1. The intervener states: 

(a) address of intervener: 

(b) address of intervener for service: 

2. The intervener claims to be affected by the complaint for the following reason(s): 

3. The intervener desires to make the following submissions: 

Dated at , this day of , 19. 



(signature for the intervener) 

R.R.O. 1980, Reg. 232, Form 32. 



File No. . 



Between: 



Form 33 

Crown Employees Collective Bargaining Act 

NOTICE OF REPORT OF ADJUDICATOR OR INVESTIGATOR 
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL 



221 



Applicant, 



Reg./Règl. 258 



CROWN EMPLOYEES COLLECTIVE BARGAINING 



Reg./Règl. 258 



-and— 



-and— 



Respondent, 



Intervener. 

To: 

I. Attached hereto is a copy of the report of upon the inquiry authorized under the Tribunal's direction, dated 

the , 19 in this matter. 

2.— (1) Take Notice that if you desire to make representations as to the accuracy of the report or as to the conclusions the Tribunal should 
reach in view of the report, you s